KCG, Inc. v. Rosen

District Court of Appeal of Florida

KCG, Inc. v. Rosen

730 So. 2d 807, 1999 Fla. App. LEXIS 4613, 24 Fla. L. Weekly Fed. D 880

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 1999

DocketNo. 98-1231

StatusPublished

Cited by2 cases

This text of 730 So. 2d 807 (KCG, Inc. v. Rosen) 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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KCG, Inc. v. Rosen, 730 So. 2d 807, 1999 Fla. App. LEXIS 4613, 24 Fla. L. Weekly Fed. D 880 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Defendant KCG, Inc., appeals a final judgment entered on Rosen’s motion and pursuant to Rosen’s acceptance of KCG’s offer of settlement. Contrary to KCG’s argument we find that a valid and enforceable settlement agreement was reached: “[T]he parties have said the same thing as to the essential elements, and the settlement should be enforced.” Robbie v. City of Miami, 469 So.2d 1384, 1386 (Fla. 1985); see Blackkawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So.2d 404 (Fla. 1974). “(S]ettle-ments are highly favored and will be enforced whenever possible.” Robbie, 469 So.2d at 1385. However, we vacate the judgment, and remand for enforcement of the settlement, which did not provide for entry of a judgment.

On remand, the parties shall exchange the tender and executed release in conformance with the settlement terms.

Judgment vacated; cause remanded.

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PER CURIAM.

Defendant KCG, Inc., appeals a final judgment entered on Rosen’s motion and pursuant to Rosen’s acceptance of KCG’s offer of settlement. Contrary to KCG’s argument we find that a valid and enforceable settlement agreement was reached: “[T]he parties have said the same thing as to the essential elements, and the settlement should be enforced.” Robbie v. City of Miami, 469 So.2d 1384, 1386 (Fla. 1985); see Blackkawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So.2d 404 (Fla. 1974). “(S]ettle-ments are highly favored and will be enforced whenever possible.” Robbie, 469 So.2d at 1385. However, we vacate the judgment, and remand for enforcement of the settlement, which did not provide for entry of a judgment.

On remand, the parties shall exchange the tender and executed release in conformance with the settlement terms.

Judgment vacated; cause remanded.

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730 So. 2d 807, 1999 Fla. App. LEXIS 4613, 24 Fla. L. Weekly Fed. D 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kcg-inc-v-rosen-fladistctapp-1999.

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