Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

In re Seminole Walls & Ceilings Corp.

United States Bankruptcy Court for the Middle District of Florida
366 B.R. 206 (2007)


Seminole Walls & Ceilings Corporation (Seminole) (defendant) filed for bankruptcy under Chapter 7 of Title 11 of the United States Code. PITA Corporation (PITA) was a subsidiary of Seminole that had purchased a collection of photographs from Joseph Jasgur (plaintiff). During the bankruptcy proceedings, Jasgur disputed that the photographs were owned by PITA. Seminole’s bankruptcy trustee entered into a settlement agreement with Jasgur in January 2005 to settle the dispute. The agreement was amended by Jasgur and the trustee in March 2005. Jasgur was over 85 years old when the agreement was signed, had a mini-stroke around the time of signing the agreement, and was subsequently diagnosed with serious medical conditions. Jasgur was also declared mentally incompetent on August 10, 2005. However, Jasgur was represented by competent counsel who negotiated the settlement agreement. The agreement was heavily negotiated, and the attorneys for both parties believed that Jasgur supported the agreement. Jasgur’s acquaintance, Tom Endre, assisted Jasgur during the period when the agreements were signed. Endre testified that Jasgur understood he was signing a legal compromise. Additionally, Jasgur signed the agreement and the amendment in front of notaries. Neither the notaries nor Endre expressed any concern that Jasgur appeared confused or was acting oddly. Jasgur asserted that the settlement agreement and amendment were not enforceable because he was mentally incompetent at the time of entering into the agreement and amendment.

Rule of Law


Holding and Reasoning (Jennemann, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.