Depasquale v. Upegui

District Court of Appeal of Florida

Depasquale v. Upegui

887 So. 2d 387, 2004 Fla. App. LEXIS 14279, 2004 WL 2179172

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 2004

DocketNo. 3D04-1569

StatusPublished

Cited by1 cases

This text of 887 So. 2d 387 (Depasquale v. Upegui) 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.

Bluebook

Depasquale v. Upegui, 887 So. 2d 387, 2004 Fla. App. LEXIS 14279, 2004 WL 2179172 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Philip Depasquale (Depasquale) appeals the trial courts order vacating a signed and sealed mediation agreement. We reverse.

At a court ordered mediation, the parties reached a settlement agreement. The agreement was reduced to writing and executed by both sides and their attorneys. Having met the requirements of Florida Rule Civil Procedure 1.730(b), we find this to be a binding settlement agreement. See Fla. R. Civ. P. 1.730(b); Jordan v. Adventist Health System/Sunbelt Inc., 656 So.2d 200 (Fla. 5th DCA 1995). As there was no basis to set aside the mediation agreement, we determine the trial court committed reversible error. Accordingly, we reverse and remand with instructions to reinstate the mediation agreement.

Reversed and remanded.

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PER CURIAM.

Philip Depasquale (Depasquale) appeals the trial courts order vacating a signed and sealed mediation agreement. We reverse.

At a court ordered mediation, the parties reached a settlement agreement. The agreement was reduced to writing and executed by both sides and their attorneys. Having met the requirements of Florida Rule Civil Procedure 1.730(b), we find this to be a binding settlement agreement. See Fla. R. Civ. P. 1.730(b); Jordan v. Adventist Health System/Sunbelt Inc., 656 So.2d 200 (Fla. 5th DCA 1995). As there was no basis to set aside the mediation agreement, we determine the trial court committed reversible error. Accordingly, we reverse and remand with instructions to reinstate the mediation agreement.

Reversed and remanded.

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887 So. 2d 387, 2004 Fla. App. LEXIS 14279, 2004 WL 2179172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/depasquale-v-upegui-fladistctapp-2004.

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