Civil Litigation

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THE ESTATE OF FRANCIS TOBIAS, JOANNE TOBIAS v. VELMA BARNABY, OLSTEN KIMBERLY QUALITYCARE FOUNDATION, INC. and ALL COUNTY HEALTH CARE, INC.

27 Fla. L. Weekly d180 (Fla. 3d DCA Jan. 16, 2002)

Joanne Tobias, as Personal Representative of the Estate of Francis Tobias, appealed an order enforcing settlement and dismissing the action with respect to the defendant-appellee Velma Barnaby. The personal representative filed suit against the defendants arguing that the two defendant corporations had been hired to provide in-home health care for her late mother, Francis Tobias. Defendant-appellee, Velma Barnaby, was a home health care worker who provided services to the decedent. The complaint also alleged that defendant stole jewelry while working in the home.

Defendant, All County, filed a motion to enforce settlement which asserted that a settlement had been reached between the personal representative and defendant All County but, despite the settlement agreement, the personal representative had refused to execute the settlement documents. The PR

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