Summary
In Fazio v. Fazio, 181 So.3d 585 (Fla. 4th DCA 2016), we remanded the case to the circuit court to rule on whether there was an ambiguity in the Agreement provision, and if so, to conduct an evidentiary hearing as to the proper interpretation of the agreement.
Summary of this case from Fazio v. FazioOpinion
No. 4D15–272.
01-06-2016
Regina FAZIO, Appellant, v. Michael FAZIO, Appellee.
Nancy A. Hass of Nancy A. Hass, P.A., Hollywood, for appellant. Rocco G. Marucci, Fort Lauderdale, for appellee.
Nancy A. Hass of Nancy A. Hass, P.A., Hollywood, for appellant.
Rocco G. Marucci, Fort Lauderdale, for appellee.
Confession of Error
PER CURIAM.
Upon consideration of the record and the appellee's soundly based confession of error, we reverse the trial court's order denying the appellant's motion to vacate the fourth amended qualified domestic relations order. We remand this matter to the trial court for further proceedings to determine whether the mediated settlement agreement entered into by the parties is ambiguous, and, if so, to conduct an evidentiary hearing as to the proper interpretation of that agreement and to enter an appropriate qualified domestic relations order that comports with its terms. Teague v. Teague, 122 So.3d 938 (Fla. 4th DCA 2013).
Reversed and Remanded.
LEVINE, CONNER and KLINGENSMITH, JJ., concur.