Wagner v. Mack

District Court of Appeal of Florida

Wagner v. Mack

422 So. 2d 1045, 1982 Fla. App. LEXIS 22151

CourtDistrict Court of Appeal of Florida

DecidedDecember 1, 1982

DocketNos. 81-1839, 81-2419

StatusPublished

Cited by2 cases

This text of 422 So. 2d 1045 (Wagner v. Mack) 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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Wagner v. Mack, 422 So. 2d 1045, 1982 Fla. App. LEXIS 22151 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

This is an appeal from a final judgment in a dissolution of marriage case as consolidated with an appeal relating to a motion to set aside a post-judgment settlement agreement. After entry of the final judgment, the appellant/wife filed a notice of appeal. While the appeal was pending and the final judgment was unsuperseded, the parties entered into a post judgment settlement agreement. Thereafter, the wife moved to set aside the agreement asserting duress and other grounds. An evi-dentiary hearing occurred on the motion to set aside and the trial court denied the motion and ordered the parties to comply with the agreement. In a situation such as this, evidence of over-reaching, fraud, coercion, or deceit must be clear and convincing. Veiock v. Veiock, 391 So.2d 793 (Fla. 1st DCA 1980). The decision of the trial court in granting or denying the motion to set aside a settlement rests on the sound discretion of that court. Hartley v. Hartley, 134 So.2d 281 (Fla. 2d DCA 1961). In the instant case, there was clear evidence in support of the voluntary nature of the settlement agreement between the parties and the trial court did not commit an abuse of discretion in failing to set it aside. All other arguments by appellant on this issue are without merit. We affirm the order denying the motion to set aside settlement. The parties are thus bound by their post judgment settlement and all issues as to the judgment are rendered moot.

AFFIRMED.

DOWNEY, BERANEK and WALDEN, JJ., concur.

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PER CURIAM.

This is an appeal from a final judgment in a dissolution of marriage case as consolidated with an appeal relating to a motion to set aside a post-judgment settlement agreement. After entry of the final judgment, the appellant/wife filed a notice of appeal. While the appeal was pending and the final judgment was unsuperseded, the parties entered into a post judgment settlement agreement. Thereafter, the wife moved to set aside the agreement asserting duress and other grounds. An evi-dentiary hearing occurred on the motion to set aside and the trial court denied the motion and ordered the parties to comply with the agreement. In a situation such as this, evidence of over-reaching, fraud, coercion, or deceit must be clear and convincing. Veiock v. Veiock, 391 So.2d 793 (Fla. 1st DCA 1980). The decision of the trial court in granting or denying the motion to set aside a settlement rests on the sound discretion of that court. Hartley v. Hartley, 134 So.2d 281 (Fla. 2d DCA 1961). In the instant case, there was clear evidence in support of the voluntary nature of the settlement agreement between the parties and the trial court did not commit an abuse of discretion in failing to set it aside. All other arguments by appellant on this issue are without merit. We affirm the order denying the motion to set aside settlement. The parties are thus bound by their post judgment settlement and all issues as to the judgment are rendered moot.

AFFIRMED.

DOWNEY, BERANEK and WALDEN, JJ., concur.

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422 So. 2d 1045, 1982 Fla. App. LEXIS 22151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-mack-fladistctapp-1982.

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