After the trial court denied the motion, the plaintiff appealed. The plaintiff then filed a motion for the court to enforce the settlement agreement based on the prior agreement to the essential terms of settlement. However, the association later changed its position and it and its counsel refused to sign the settlement agreement. The association’s attorney accepted the settlement agreement by email on February 7, 2022, in which he stated that “I have received word from my client that they agree to the documents as drafted.” Id. Ultimately, more than a month after mediation, on February 2, 2022, the plaintiff’s attorney sent the association’s attorney a settlement agreement that included all of the essential terms of settlement. Following court-ordered mediation in December 2021, the attorneys for the plaintiff and the association exchanged several emails including terms and drafts of a proposed settlement agreement. Henderson, was decided by Florida’s Second District Court of Appeal on November 16, 2022, and involved a lawsuit by the plaintiff against her condominium association after a water leak caused damaged to her property. The Parkland Condominium Association Case That is, that in order to be enforceable, a settlement reached at mediation must be in writing and signed by all parties and their counsel under Rule 1.730(b), Florida Rules of Civil Procedure. In short, most private litigants will go through the mediation process in order to try to resolve the litigation prior to trial.Ī recent Florida case involving a dispute between a condominium association and a unit owner illustrates a special requirement for settlements reached in connection with mediation that must be taken into account by the parties, attorneys and mediator involved in the mediation. Florida circuit courts also typically require that the litigants attempt to mediate their civil dispute prior to the trial occurring. In fact, Florida’s Homeowners’ Association Act, Chapter 720, Florida Statutes, requires mandatory mediation for certain types of disputes between homeowners and the association before any lawsuit can be filed. Many disputes that result in litigation are resolved through the mediation process prior to trial. Real Estate Development, Sales & Leasing.Community Advocacy & Social Responsibility.Search Website Submit SearchSearch Close Search
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