Penichet v. American Recruiters Consolidated, Inc.

District Court of Appeal of Florida

Penichet v. American Recruiters Consolidated, Inc.

929 So. 2d 738, 2006 Fla. App. LEXIS 8558, 2006 WL 1475123

District Court of Appeal of Florida·Decided May 31, 2006·No. No. 4D05-2139·Published

Opinion

PER CURIAM.

We reverse the final judgment entered against Darcy Penichet, which arose from an order imposing sanctions against Peni-chet for failure to post a bond.

This case arose from a 2002 settlement agreement. The agreement required that a bond be posted upon the breach of certain conditions. The agreement also provided the remedy upon the failure to post a bond — a default final judgment was to be entered against a corporation that was a party to the settlement agreement. The circuit court’s final judgment against Peni-chet exceeds the remedy that the parties bargained for in the settlement agreement.

Reversed and remanded.

WARNER, GROSS and HAZOURI, JJ., concur.

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PER CURIAM.

We reverse the final judgment entered against Darcy Penichet, which arose from an order imposing sanctions against Peni-chet for failure to post a bond.

This case arose from a 2002 settlement agreement. The agreement required that a bond be posted upon the breach of certain conditions. The agreement also provided the remedy upon the failure to post a bond — a default final judgment was to be entered against a corporation that was a party to the settlement agreement. The circuit court’s final judgment against Peni-chet exceeds the remedy that the parties bargained for in the settlement agreement.

Reversed and remanded.

WARNER, GROSS and HAZOURI, JJ., concur.

Penichet v. American Recruiters Consolidated, Inc., 929 So. 2d 738, 2006 Fla. App. LEXIS 8558, 2006 WL 1475123 (Fla. Ct. App. 2006).

Pincite

929 So. 2d 738 (Penichet v. American Recruiters Consolidated, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.