British American Cattle Co. v. Edwards

District Court of Appeal of Florida

British American Cattle Co. v. Edwards

745 So. 2d 536, 1999 Fla. App. LEXIS 16580, 1999 WL 1112319

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1999

DocketNo. 99-818

StatusPublished

This text of 745 So. 2d 536 (British American Cattle Co. v. Edwards) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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British American Cattle Co. v. Edwards, 745 So. 2d 536, 1999 Fla. App. LEXIS 16580, 1999 WL 1112319 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Defendants appeal an adverse final judgment enforcing a settlement agreement claiming the settlement agreement entered into by the parties was void due to a mutual material mistake and lack of mutual assent. We find that the mistake was not material and the settlement agreement was valid. See Moore v. Wesley E. Garrison, Inc., 148 Fla. 653, 5 So.2d 259 (1942); Williams, Salomon, Kanner, Damian, Weissler & Brooks v. Harbour Club Villas Condominium Assoc., Inc., 436 So.2d 233 (Fla. 3rd DCA 1983). Because the settlement agreement was valid, the trial court should have deducted the defendants’ land acquisition costs incurred to effectuate the sale. Therefore, the plaintiff is to bear his proportional 15% of the $50,000 land acquisition, to wit, $7500. Accordingly, the judgment appealed from, as modified herein, is affirmed.

Affirmed as modified.

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PER CURIAM.

Defendants appeal an adverse final judgment enforcing a settlement agreement claiming the settlement agreement entered into by the parties was void due to a mutual material mistake and lack of mutual assent. We find that the mistake was not material and the settlement agreement was valid. See Moore v. Wesley E. Garrison, Inc., 148 Fla. 653, 5 So.2d 259 (1942); Williams, Salomon, Kanner, Damian, Weissler & Brooks v. Harbour Club Villas Condominium Assoc., Inc., 436 So.2d 233 (Fla. 3rd DCA 1983). Because the settlement agreement was valid, the trial court should have deducted the defendants’ land acquisition costs incurred to effectuate the sale. Therefore, the plaintiff is to bear his proportional 15% of the $50,000 land acquisition, to wit, $7500. Accordingly, the judgment appealed from, as modified herein, is affirmed.

Affirmed as modified.

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745 So. 2d 536, 1999 Fla. App. LEXIS 16580, 1999 WL 1112319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/british-american-cattle-co-v-edwards-fladistctapp-1999.

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