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BARBARAT, SCOTT
CLERK OF THE CIRCUIT COURT
CIRCUIT COURT *COUNTY
'
COURT © COUNTY RECORDER «CLERK BOARD OF COUNT
Y COMMISSIONERS
)ac
¢
TO: LYNNE _E_DE: R REPLY TO: CIVIL DIVISION
2000 MAIN STREET
SULTE..402 DATE: JANUARY 25, 2001
FT MYERS, FL 33901
CASE NO:__00-410 cA
PLEASE BE ADVISED OF THE FOLLOWING:
The correct file number pursuant to 1.100(c) has not been provided. Please provide
the
correct case number and return to this office.
‘Your notice for trial has been received by our office, however, we cannot submit your
notice to the Court as it does not comply with Rule 1.440(b), Florida Rules of Civil
Procedure. Please provide this office with an amended notice for trial so that we may
advise the Court.
Your case is being returned due to incorrect fi ling fee. Upon receipt of the correct filing
fee in the amount of $ this office shall file this case.
Please be advised that a motion for default has been filed with the Clerk of the Court in
the above-styled cause. The records of this office reflect that a paper was filed on
, accordingly, the default has not been entered.
Pursuant to Rule 2.055 of the Florida Rules of Judicial Administration, all pleadings filed
in court after January 1, 1991 shall be on paper measuring 81/2 X 11 inches,
-! é
Default denied - No proof of service or publication. am
mw
Rom
Vital Statistics form needed.
XXX WE REQUIRE AN ORIGINAL SIGNED PLEADING FOR FILING: PLE.
ae
SUBMIT YOUR ORIGINAL AND WE WILL FILE IT accoraitiiy oO
mea te
Should you have any questions, please do not hesitate to contact this office at 645 637-31 13
Civil Court, or (941) 637-2119 County Court.
Charlotte County Clerk
€1240718 Date : 04/29/01 - 13:47:15 id: 20
nig il
BARBARA T. SCOTT Case#: 00000410CA Pages: 00
LM
CLERK OF THE CIRCUIT COURT
" ‘
ty Clerk . P.O. Box 511687 @ Punta Gorda @ Florida @ 33951-1687
Punta Gorda 941-505-4716 @ Murdock 941-743-1400 © Englewood 941-474-1220
ace?
IN THE CIRCUIT COURT OF THE TWENTIETH
SUDICT [AL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLO RIDA, CIRCUIT CI IVIL ACTION
JOHN J. FITZMAURICE and CAROLE M.
FITZMAURICE,
Plaintiff,
vs.
CASE NO.: 00-410CA.
PHILIP C. D'ANGELO, M.D., and
PHILIP C. D’ANGELO, MLD., P.A.,
Defendants. -_—
‘Oo E
"COME Now the Defendants, Philip C. D'Angelo, M.D.and Philip C.D! Angelo, M.D.,
P.A., by and through their undersigned counsel and notifies the Court that Exhibit
*A” referred to
in Defendants' Motion to Determine Collateral Source Set-Off is hereby being filed with the
Court
and incorporated by reference into said Motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished by facsimile and re; gular United States mail to WELDON EARL BRENNAN, Wagner,
Vaughan & Zea in, P.A., 601 Bayshore Boulevard, Suite 910, Tampa, Florida 33606 this
cn day o} 2001.
GEORGE HARTZ LUNDEEN FULMER
JOHNSTONE, KING & STEVENS
Attorneys for PHILIP C. D'ANGELO, M.D.
and PHILIP C. D’ANGELO, MLD., P.A.
2000 Main Street, Suite 402
Fo: lyers, Florida 33901
(94 337-7787
fs
BY: inl ’
Ky E. DENNELER
LED:mm A Bar No. 644749
012201
99-1088
PUG 7 *99 14:3 FR MURPHY AND RUNYONS 913 298 2267 To zesao1a P.G2-87
SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is made
and entered into this day of August, 1999, by and among John Fitzmaurice and Carol Fitzmaurice,
Medical Center and Health Management
Association, Inc. (the “Releasees”) ; and ST. PAUL INSURANCE (the “Insurer”).
RECITALS
A The Releasors have made claims against the Releasees for alleged personal injuries,
negligence, medical malpractice and/or loss of consortium which claims arose out of certain
alleged acts or omissions by the Releasees on or about August 23,1597. .
B The Insurer is the liability insurer of the Releasees and as such may be obligated to
pay any judgment obtained against the Releasees which might come within the ambit of
coverage provided by the insurance policies. :
c. The Parties desire to enter into this Settlement Agreement in order to provide
certain present payments in full settlement and discharge of all claims which are or might have
been asserted forth
:
action will be initiated against the Releasees arising out of the care and treatment rendered to John
Fitzmaurice related to the incident which occurred on or about August 23, 1997 from the
beginning of the world until the day this documentis executed.
AGREEMENT
The Parties hereby agree as follows:
1 Release
and Discharge:
In consideration of the payment called for herein, the Releasors do hereby completely
release and forever discharge the Releasees, their heirs, assigns, and successors in interest, and
any agents, officers, directors and employees of the Releasees of and from any and all past,
present, or future claims, actions, causes of action, rights, damages, costs, losses of services,
hospital, medical, drug, physical therapy, and all other expenses and compensation of any nature
whatsoever, whether based in tort, contract, statute, or other theory of recovery and whether for
compensatory or punitive damages, which the Releasors now have, or which may hereafter accrue
or otherwise be acquired, on account of all alleged injuries or damages to the person of John
Fiotzmaurice and the loss of consortium te Carol Fitzmaurice, which have resulted from the
alleged acts or omissions of the Releasees. This Release, on the part of the Releasors, shall be a
sae
.
AUG 17: '99 14:38 FR MURPHY AND RUNYONS 813 298 8267 To 225ag10 P.Q3-07
fully binding and complete settlement between the Releasors and the Releasees,
their heirs, assigns
and successors.
With regard to the Insurer, the Releasorz release the Insurer for any claim,
action, causes of
action
or co: ion whatso undereve r policies of i
the Insurer's provid
to ST. PAUL INSURANCE (the “Insurer*), its heirs, assigns, successo rs anc d
in interest,
agents, officers, directors, entities in which it is a principle, and its employees. :
any
of its
It is understood and agreed that this Release is only intended to release the
Releasees
speabove cif and ied
their Insurer. It does nor, and is not intended to, release or discharge any
we eds
claimor potential claim ayzinst any other person or entity nut identified herein; ecole DS
- D agelo , Ava erakess.. Soa Cc Ascxiah on. Y Lett aeldhje2 7 OF Eley
Pay ~
In consideration of the Release set forth above it is hereby agreed that:
@ The Insurer, on behalf of the Releases will pay TWO HUNDRED THOUSAND
and no/100 DOLLARS ($200,000.00) to Plaintiffin exchange for the executed
original of this Release and the documentation referenced withm paragraph 8, and
(b) The Releasees will discharge auy furthe: obligations fui payment of uny
Outstanding bills which are due or owing to Charlotte Regional Medical Center
for any charges incurred for treatment and/or services rendered to John
Fitzmaurice remuttant from ar consequent to tha incident referenced in paragraph
one (1).of this Release.
3 Attomey’s Fees:
Each party hereto shall bear their own attorney's fees and costs arising firm the actions of
their own counsel in connection with this claim, this Sertlement Agreement, and the matters and
documents referred to herein, and any and all other related matters.
4 General Release:
The Releasors hereby acknowledge and agree that the Release set forth in paragraph one
(1) hereof is a geacral release and further expressly waives and assumes the risk of any and all
claims for damages against the Releasees which exist as of this date but of which the Releasors do
not know or suspect to exist, whether thr ignorance, oversight, error, negligence, or
otherwise, and which, if known, would materially affect the decision to enter into this Settlement
Agreement. The Releasors understand that this claim is being settled as a business decision only
and that payment of the sums specified herein are being mado as a complete compromise of
matters involving disputed issues of law and fact and she assumes the risk that the facts or law
may be otherw than they
isebelieve. It is understood and agreed by the Parties that this settlement
is a compromise of a doubtful and disputed claim against the Releasees, and the payments are not
AUG 17 'S9 14:31 FR MURPHY RAND RUNYONS 813 299 e267 To 22sae1a P.Cs-O7
1
to be construed as an admission of liability on the part of the Releasces or the Insurer, by whom
liability is expressly denied.
5 Warranty of Capacity to Execute Agreement:
As part of the consideration of the payment of the above mentioned sum, Releasors have
expressly warranted and represented, and do hereby for themselves, their heirs, legal
Tepresentatives and assigns, expressly warrant and represent to each and all of the other parties to
this Settlement Agreement that:
(@) They ae legally compete and ented by Flag Law to neces Setiemest
2
(b) They have not assigned, pledged or otherwise in any manner whatsoever sold or
trensferred either by instrument in writing, or otherwise, any right, title, interest or
claim which they bave or may have by reason of the incident described above, or
any matters arising out of or relating thereto, and there are no subrogation claims
or liens of any type or character by reason of this incident which have not been or
will not be satisfied in full by Releasors,
and
(c) All medical, hospital and other expenses of any and every nature and character
whatsoever incurred by, or on behalfof, John Fitzmaurice, with the exception of
those expenses specifically referenced in paragraph two (b) (2(b)] of this Release,
have been or will hereafter be paid in full, and upon request they will furnish
evidence to the other parties hereto of the payment in full of such expenses.
As a part of the consideration for the payment of the sum of money mentioned above,
Releasors have agreed to and do hereby INDEMNIFY AND HOLD HARMLESS the Releasees
and the Insurer from any and ail claims, demands, actions and causes of action arising as a direct
and proximate cause of any breach of the warranties set forth in paragraph S$ (a)(b) or (c) above,
which have been or may hereafter be asserted against the Releasees, by any person, fim or
corporation whomsoever.
6. Liens and Subrogated Interests:
Releasors represent that there are no unpaid obligations that have been incurred and are or
‘will be owed to any hospital in the State of Florida, with the exception of those obligations
discharged by paragraph two (0) [2(b)] herein, for services, medicines, medical appliances, x-rays,
Releasors further represent that John Fitzmaurice was not treated in any Veterans
Hospital, Naval or Military Hospital, or any other medical facility maintained by the United States
Government and that he did not receive any medical care as an inpatient or out-patient or from
Aus 17 °99 14:32 FR MURPHY AND RUNYONS 913 298 @267 To 2254010 P.OS/o7
any doctor, nurse or other health care practitioner at the expense of the United States
as a result
of the injuries
sued upon. Releasors further represent that they will satisfy any and all liens
resultan t froma health care services provided to John Fitzmaurice by Medicaid or any other
form of
public health assistance that would czeate a lien or subrogated interest.
Releasors further represent that no claim has been made against any person, firm or
corporation under the Worker's Compensation Laws of the State of Florida or any other state, nor
have any medical services or other compensation been furnished to John Fitzmaurice pursuant to
any claim made under any Worker's Compensation scheme in connection with the incident which
is the subject of the claim identified in paragraph one (1) of this document.
Releasors represent that they will satisfy any and all I tights of reimbursement or
tights of subrogation claimed by any insurance company for, aity reason as a result of the incident
identified in paragraph one (1) of this document.
Releasors understand that these representations are material and are being made as an
inducement to the Releasees to enter into and make payment to Releasors pursuant to this
agreement.
7. Entire Agreement and Successors in Interest:
This Settlement Agreement contains the entire agreement between the Releasors, the
Releasees, and the Insurer with.regard to the matters set forth herein and shall be bindin
and enure to the benefit of the executors, administrators, personal representatives, inding up
heirs,
successors and assigns of each.
Confidentiality:
. The parties mutually agree that neither they nor their attorneys nor representatives shall
intentionally reveal to anyone, other than as may be mutually agreed to in writing or pursuant to
the order of a Court of competent jurisdiction, any of the terms of this Agreement, or any of the
amounts, numbers, terms or conditions of any sums payable to Releasors as set forth.
9. Representation of Comprehension of Document:
In emtering into this Settlement Agreement the Releasors represent that they have relied
upon the legal advice of their attorneys, who are the attorneys of their own choice and that the
terms of this Settlement Agreement have been completely read and explained to them by their
attorneys, and that those terms are fully understood and voluntarily accepted by them, The
Releasors and their Counsel have not relied on any express or implied representation of the
Insurer, Releasees, or their agents, servants or attorneys as to the consequences of this agreement.
as 1? "9914035 FR MURPHY AND RUNYONS 913 2598 @267 TO 2254010 P8707
CAUTION!:
READ THE ENTIRE AGREEMENT BEFORE SIGNING.
Executed at this day of , 1999.
SIGNED, SEALED and DELIVERED
IN THE PRESENCE OF:
his wife
STATE OF FLORIDA
=
COUNTY OF
The foregeing instrument was acknowledged before me this Lf day of
_, 1999by
JX who is personally
known to me, or
© who has produced as identification,
and who did take an oath.
E, SWAYZE
Name of officer taking acknowledgment
Preview
BARBARAT, SCOTT CLERK OF THE CIRCUIT COURT CIRCUIT COURT *COUNTY ' COURT © COUNTY RECORDER «CLERK BOARD OF COUNT Y COMMISSIONERS )ac ¢ TO: LYNNE _E_DE: R REPLY TO: CIVIL DIVISION 2000 MAIN STREET SULTE..402 DATE: JANUARY 25, 2001 FT MYERS, FL 33901 CASE NO:__00-410 cA PLEASE BE ADVISED OF THE FOLLOWING: The correct file number pursuant to 1.100(c) has not been provided. Please provide the correct case number and return to this office. ‘Your notice for trial has been received by our office, however, we cannot submit your notice to the Court as it does not comply with Rule 1.440(b), Florida Rules of Civil Procedure. Please provide this office with an amended notice for trial so that we may advise the Court. Your case is being returned due to incorrect fi ling fee. Upon receipt of the correct filing fee in the amount of $ this office shall file this case. Please be advised that a motion for default has been filed with the Clerk of the Court in the above-styled cause. The records of this office reflect that a paper was filed on , accordingly, the default has not been entered. Pursuant to Rule 2.055 of the Florida Rules of Judicial Administration, all pleadings filed in court after January 1, 1991 shall be on paper measuring 81/2 X 11 inches, -! é Default denied - No proof of service or publication. am mw Rom Vital Statistics form needed. XXX WE REQUIRE AN ORIGINAL SIGNED PLEADING FOR FILING: PLE. ae SUBMIT YOUR ORIGINAL AND WE WILL FILE IT accoraitiiy oO mea te Should you have any questions, please do not hesitate to contact this office at 645 637-31 13 Civil Court, or (941) 637-2119 County Court. Charlotte County Clerk €1240718 Date : 04/29/01 - 13:47:15 id: 20 nig il BARBARA T. SCOTT Case#: 00000410CA Pages: 00 LM CLERK OF THE CIRCUIT COURT " ‘ ty Clerk . P.O. Box 511687 @ Punta Gorda @ Florida @ 33951-1687 Punta Gorda 941-505-4716 @ Murdock 941-743-1400 © Englewood 941-474-1220 ace? IN THE CIRCUIT COURT OF THE TWENTIETH SUDICT [AL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLO RIDA, CIRCUIT CI IVIL ACTION JOHN J. FITZMAURICE and CAROLE M. FITZMAURICE, Plaintiff, vs. CASE NO.: 00-410CA. PHILIP C. D'ANGELO, M.D., and PHILIP C. D’ANGELO, MLD., P.A., Defendants. -_— ‘Oo E "COME Now the Defendants, Philip C. D'Angelo, M.D.and Philip C.D! Angelo, M.D., P.A., by and through their undersigned counsel and notifies the Court that Exhibit *A” referred to in Defendants' Motion to Determine Collateral Source Set-Off is hereby being filed with the Court and incorporated by reference into said Motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by facsimile and re; gular United States mail to WELDON EARL BRENNAN, Wagner, Vaughan & Zea in, P.A., 601 Bayshore Boulevard, Suite 910, Tampa, Florida 33606 this cn day o} 2001. GEORGE HARTZ LUNDEEN FULMER JOHNSTONE, KING & STEVENS Attorneys for PHILIP C. D'ANGELO, M.D. and PHILIP C. D’ANGELO, MLD., P.A. 2000 Main Street, Suite 402 Fo: lyers, Florida 33901 (94 337-7787 fs BY: inl ’ Ky E. DENNELER LED:mm A Bar No. 644749 012201 99-1088 PUG 7 *99 14:3 FR MURPHY AND RUNYONS 913 298 2267 To zesao1a P.G2-87 SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is made and entered into this day of August, 1999, by and among John Fitzmaurice and Carol Fitzmaurice, Medical Center and Health Management Association, Inc. (the “Releasees”) ; and ST. PAUL INSURANCE (the “Insurer”). RECITALS A The Releasors have made claims against the Releasees for alleged personal injuries, negligence, medical malpractice and/or loss of consortium which claims arose out of certain alleged acts or omissions by the Releasees on or about August 23,1597. . B The Insurer is the liability insurer of the Releasees and as such may be obligated to pay any judgment obtained against the Releasees which might come within the ambit of coverage provided by the insurance policies. : c. The Parties desire to enter into this Settlement Agreement in order to provide certain present payments in full settlement and discharge of all claims which are or might have been asserted forth : action will be initiated against the Releasees arising out of the care and treatment rendered to John Fitzmaurice related to the incident which occurred on or about August 23, 1997 from the beginning of the world until the day this documentis executed. AGREEMENT The Parties hereby agree as follows: 1 Release and Discharge: In consideration of the payment called for herein, the Releasors do hereby completely release and forever discharge the Releasees, their heirs, assigns, and successors in interest, and any agents, officers, directors and employees of the Releasees of and from any and all past, present, or future claims, actions, causes of action, rights, damages, costs, losses of services, hospital, medical, drug, physical therapy, and all other expenses and compensation of any nature whatsoever, whether based in tort, contract, statute, or other theory of recovery and whether for compensatory or punitive damages, which the Releasors now have, or which may hereafter accrue or otherwise be acquired, on account of all alleged injuries or damages to the person of John Fiotzmaurice and the loss of consortium te Carol Fitzmaurice, which have resulted from the alleged acts or omissions of the Releasees. This Release, on the part of the Releasors, shall be a sae . AUG 17: '99 14:38 FR MURPHY AND RUNYONS 813 298 8267 To 225ag10 P.Q3-07 fully binding and complete settlement between the Releasors and the Releasees, their heirs, assigns and successors. With regard to the Insurer, the Releasorz release the Insurer for any claim, action, causes of action or co: ion whatso undereve r policies of i the Insurer's provid to ST. PAUL INSURANCE (the “Insurer*), its heirs, assigns, successo rs anc d in interest, agents, officers, directors, entities in which it is a principle, and its employees. : any of its It is understood and agreed that this Release is only intended to release the Releasees speabove cif and ied their Insurer. It does nor, and is not intended to, release or discharge any we eds claimor potential claim ayzinst any other person or entity nut identified herein; ecole DS - D agelo , Ava erakess.. Soa Cc Ascxiah on. Y Lett aeldhje2 7 OF Eley Pay ~ In consideration of the Release set forth above it is hereby agreed that: @ The Insurer, on behalf of the Releases will pay TWO HUNDRED THOUSAND and no/100 DOLLARS ($200,000.00) to Plaintiffin exchange for the executed original of this Release and the documentation referenced withm paragraph 8, and (b) The Releasees will discharge auy furthe: obligations fui payment of uny Outstanding bills which are due or owing to Charlotte Regional Medical Center for any charges incurred for treatment and/or services rendered to John Fitzmaurice remuttant from ar consequent to tha incident referenced in paragraph one (1).of this Release. 3 Attomey’s Fees: Each party hereto shall bear their own attorney's fees and costs arising firm the actions of their own counsel in connection with this claim, this Sertlement Agreement, and the matters and documents referred to herein, and any and all other related matters. 4 General Release: The Releasors hereby acknowledge and agree that the Release set forth in paragraph one (1) hereof is a geacral release and further expressly waives and assumes the risk of any and all claims for damages against the Releasees which exist as of this date but of which the Releasors do not know or suspect to exist, whether thr ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the decision to enter into this Settlement Agreement. The Releasors understand that this claim is being settled as a business decision only and that payment of the sums specified herein are being mado as a complete compromise of matters involving disputed issues of law and fact and she assumes the risk that the facts or law may be otherw than they isebelieve. It is understood and agreed by the Parties that this settlement is a compromise of a doubtful and disputed claim against the Releasees, and the payments are not AUG 17 'S9 14:31 FR MURPHY RAND RUNYONS 813 299 e267 To 22sae1a P.Cs-O7 1 to be construed as an admission of liability on the part of the Releasces or the Insurer, by whom liability is expressly denied. 5 Warranty of Capacity to Execute Agreement: As part of the consideration of the payment of the above mentioned sum, Releasors have expressly warranted and represented, and do hereby for themselves, their heirs, legal Tepresentatives and assigns, expressly warrant and represent to each and all of the other parties to this Settlement Agreement that: (@) They ae legally compete and ented by Flag Law to neces Setiemest 2 (b) They have not assigned, pledged or otherwise in any manner whatsoever sold or trensferred either by instrument in writing, or otherwise, any right, title, interest or claim which they bave or may have by reason of the incident described above, or any matters arising out of or relating thereto, and there are no subrogation claims or liens of any type or character by reason of this incident which have not been or will not be satisfied in full by Releasors, and (c) All medical, hospital and other expenses of any and every nature and character whatsoever incurred by, or on behalfof, John Fitzmaurice, with the exception of those expenses specifically referenced in paragraph two (b) (2(b)] of this Release, have been or will hereafter be paid in full, and upon request they will furnish evidence to the other parties hereto of the payment in full of such expenses. As a part of the consideration for the payment of the sum of money mentioned above, Releasors have agreed to and do hereby INDEMNIFY AND HOLD HARMLESS the Releasees and the Insurer from any and ail claims, demands, actions and causes of action arising as a direct and proximate cause of any breach of the warranties set forth in paragraph S$ (a)(b) or (c) above, which have been or may hereafter be asserted against the Releasees, by any person, fim or corporation whomsoever. 6. Liens and Subrogated Interests: Releasors represent that there are no unpaid obligations that have been incurred and are or ‘will be owed to any hospital in the State of Florida, with the exception of those obligations discharged by paragraph two (0) [2(b)] herein, for services, medicines, medical appliances, x-rays, Releasors further represent that John Fitzmaurice was not treated in any Veterans Hospital, Naval or Military Hospital, or any other medical facility maintained by the United States Government and that he did not receive any medical care as an inpatient or out-patient or from Aus 17 °99 14:32 FR MURPHY AND RUNYONS 913 298 @267 To 2254010 P.OS/o7 any doctor, nurse or other health care practitioner at the expense of the United States as a result of the injuries sued upon. Releasors further represent that they will satisfy any and all liens resultan t froma health care services provided to John Fitzmaurice by Medicaid or any other form of public health assistance that would czeate a lien or subrogated interest. Releasors further represent that no claim has been made against any person, firm or corporation under the Worker's Compensation Laws of the State of Florida or any other state, nor have any medical services or other compensation been furnished to John Fitzmaurice pursuant to any claim made under any Worker's Compensation scheme in connection with the incident which is the subject of the claim identified in paragraph one (1) of this document. Releasors represent that they will satisfy any and all I tights of reimbursement or tights of subrogation claimed by any insurance company for, aity reason as a result of the incident identified in paragraph one (1) of this document. Releasors understand that these representations are material and are being made as an inducement to the Releasees to enter into and make payment to Releasors pursuant to this agreement. 7. Entire Agreement and Successors in Interest: This Settlement Agreement contains the entire agreement between the Releasors, the Releasees, and the Insurer with.regard to the matters set forth herein and shall be bindin and enure to the benefit of the executors, administrators, personal representatives, inding up heirs, successors and assigns of each. Confidentiality: . The parties mutually agree that neither they nor their attorneys nor representatives shall intentionally reveal to anyone, other than as may be mutually agreed to in writing or pursuant to the order of a Court of competent jurisdiction, any of the terms of this Agreement, or any of the amounts, numbers, terms or conditions of any sums payable to Releasors as set forth. 9. Representation of Comprehension of Document: In emtering into this Settlement Agreement the Releasors represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own choice and that the terms of this Settlement Agreement have been completely read and explained to them by their attorneys, and that those terms are fully understood and voluntarily accepted by them, The Releasors and their Counsel have not relied on any express or implied representation of the Insurer, Releasees, or their agents, servants or attorneys as to the consequences of this agreement. as 1? "9914035 FR MURPHY AND RUNYONS 913 2598 @267 TO 2254010 P8707 CAUTION!: READ THE ENTIRE AGREEMENT BEFORE SIGNING. Executed at this day of , 1999. SIGNED, SEALED and DELIVERED IN THE PRESENCE OF: his wife STATE OF FLORIDA = COUNTY OF The foregeing instrument was acknowledged before me this Lf day of _, 1999by JX who is personally known to me, or © who has produced as identification, and who did take an oath. E, SWAYZE Name of officer taking acknowledgment