Opinion
No. 86-903.
February 10, 1987.
An Appeal from the Circuit Court for Dade County; Joseph P. Farina, Judge.
Robert P. Lithman, Miami, for appellant.
Stephens, Lynn, Chernay Klein and Robert M. Klein, Miami, for appellee.
Before BARKDULL, NESBITT and FERGUSON, JJ.
Affirmed. See Manner v. Goldstein Professional Ass'n, 436 So.2d 431 (Fla. 3d DCA 1983) (in divorce action, spouse not permitted to avoid terms of property settlement agreement by simultaneous oral declaration); N.A. Kerson Co., Inc. v. Shayne, Dachs, Weiss, Kolbrenner, Levy Moe Levine, 45 N.Y.2d 730, 408 N.Y.S.2d 475, 380 N.E.2d 302 (App. 1978) (in legal malpractice action, where plaintiffs alleged that attorney had improperly entered into a stipulation withdrawing an affirmative defense in was later settled by stipulation entered in open court, plaintiffs were required to prove that they would have succeeded but for the withdrawal of the affirmative defense); cf. Cohen v. Lipsig, 92 A.D.2d 536, 459 N.Y.S.2d 98 (App. Div. 1983) (a cause of action for legal malpractice is viable despite plaintiff's settlement of underlying action when such settlement was compelled because of the mistakes of defendant, plaintiff's former counsel).