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Depasquale v. Upegui

District Court of Appeal of Florida, Third District
Dec 1, 2004
887 So. 2d 387 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D04-1569.

September 29, 2004. Rehearing and Rehearing En Banc Denied December 1, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge.

Lawrence J. Roberts, Coral Gables, for appellant.

Fatima Upegui, in proper person.

Before COPE, GERSTEN, and GREEN, JJ.


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.


Summaries of

Depasquale v. Upegui

District Court of Appeal of Florida, Third District
Dec 1, 2004
887 So. 2d 387 (Fla. Dist. Ct. App. 2004)
Case details for

Depasquale v. Upegui

Case Details

Full title:Philip DEPASQUALE, Appellant, v. Fatima UPEGUI, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 1, 2004

Citations

887 So. 2d 387 (Fla. Dist. Ct. App. 2004)