SARA JANE BROWN, APPELLANT,
v.
ROBERT SAUL BROWN, APPELLEE
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Sara Brown appealed the dismissal of her motion to enforce a college education provision in her divorce settlement agreement. The court held that an ex-spouse who is a contracting party has standing to enforce such provisions, not just the adult child beneficiary, and reversed the trial court's dismissal.
Either or both the contracting parent and the adult child should be able to enforce a college education provision in a divorce settlement agreement, as both have a legitimate interest in enforcement and both have legal rights under the contract.
[1] A contracting parent has standing to enforce a provision in a settlement agreement obligating payment for a child's college education, even after the child reaches majori…
[2] An adult child, as a third-party beneficiary, may enforce a contractual provision for college education.
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Join FLexlaw to unlock all legal intelligence“either or both the contracting parent or the "adult" child should be able to enforce the contractual provision because such a rule seems to accomodate all situations”
Establishes the core holding that both ex-spouse and child have enforcement rights
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Join FLexlaw to unlock all legal intelligenceSara and Robert Brown's marriage was dissolved by final judgment incorporating a Property Settlement Agreement that obligated both parties to provide …
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DOWNEY, Judge.
The marriage of Sara Jane Brown and Robert Saul Brown was dissolved by a final judgment that incorporated a Property Settlement Agreement containing, among other things, the following provision:
7. CHILDREN’S COLLEGE EDUCATION:
The HUSBAND and WIFE agree, within the limits permitted by their financial resources to provide a college education for each of their three children who may be so qualified and desirous of attending an institution of higher learning.
Sara filed a motion to compel Robert to furnish one-half of the annual cost of one of the children’s college education. The trial court granted a motion to dismiss Sara’s motion on the grounds that Sara lacked standing to enforce the contractual provision because the child had reached her majority and only the adult child could enforce such a provision. We disagree and reverse.
There are a number of Florida cases that have treated this question with diverse results. One line holds that only the “adult” child can enforce such a provision,1 while the other holds or implies that the contracting parent can seek enforcement.2 It seems to us that the most functional result is to hold that either or both the contracting parent or the “adult” child should be able to enforce the contractual provision because such a rule seems to accomodate all situations. Surely some “adult” children will abhor the idea of suing their father or mother to enforce payment of the contractual obligation, whereas the erstwhile spouse, as contracting party, will experience no such reluctance. In other circumstances, the ex-spouse may be indifferent about enforcing the obligation on behalf of the “adult” child and thus the child should be free to proceed. As another alternative, both might sue, since both have a real interest in the end result. In any event, only one recovery can be had.
Judge Sharp, in her dissenting opinion in Cronebaugh v. Van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982), opined: “The fact that an ostensibly third party beneficiary (the child) can, if it chooses, enforce an agreement incorporated in a judgment, should not deprive one of the parties in privity (the wife in this case) of the right to enforce the provisions of that same agreement or judgment.” 415 So. 2d at 745. The Third District Court of Appeal, in Massey v. Massey, 443 So. 2d 294 (Fla. 3d DCA 1983), agreed with Judge Sharp’s dissent, and in Holmes v. Holmes, 384 So. 2d 1295 (Fla. 2d DCA 1980), the Second District Court of Appeal held that a parent could enforce the provision on behalf of an “adult” child because the parent was a contracting party.
Such a holding does no violence to general contractual principles since we know that the “adult” child, as a third party beneficiary, has a cause of action on the contract, which may be pursued by the beneficiary. Cronebaugh (both majority and dissent); Boston Old Colony Ins. Co. v. Gutierrez, 325 So. 2d 416, 417 (Fla. 3d DCA), cert. denied, 336 So. 2d 599 (Fla.1976); 4 A. Corbin, Corbin on Contracts, § 779J (1951); 2 S. Williston, A Treatise on the Law of Contracts, § 356 (3d Ed. 1959). Furthermore, the parent-promisee of the contract, having given consideration therefor and being a contracting party thereto, is entitled to enforcement. A. Corbin, supra § 812; S. Williston, supra § 392. In addition, in many of the contracts in question the promisee is a trustee in the receipt of support payments, educational funds, etc., for the benefit of the child and, as such, has the right, if not the duty, to enforce the agreement. S. Willi-ston, supra § 392.
In view of the foregoing, we hold the trial court erred in dismissing Sara’s motion to compel for the reason that she lacked standing to sue. Accordingly, the order appealed from is reversed for that reason only and the cause is remanded for further consideration.
HERSEY, C.J., and WALDEN, J., concur. . See, e.g., Cronebaugh v. Van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982), pet. for rev. den., 426 So. 2d 25 (Fla.1983).
. See, e.g., Holmes v. Holmes, 384 So. 2d 1295 (Fla. 2d DCA 1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992)…e all rejected the Cronebaugh view on standing. See Sprunger v. Sprunger, 534 So. 2d 925 (Fla. 4th DCA 1988); State, Department of Health and Rehabilitative Services on behalf of Bachtal v. Bachtal, 517 So. 2d 787 (Fla. 2d DCA 1988); Brown v. Brown, 484 So. 2d 1282 (Fla. 4th DCA 1986); Newman v. Newman, 459 So. 2d 1129 (Fla. 3d DCA 1984), rev. denied, 466 So. 2d 218 (Fla.1985); Massey v. Massey, 443 So. 2d 294 (Fla. 3d DCA 1983); Holmes v. Holmes, 384 So. 2d 1295 (Fla. 2d DCA 1980). The First District has als…
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Pyne v. Black, 650 So. 2d 1073 (Fla. 5th DCA 1995)…District Courts of Appeal. See Stehmeyer v. Stehmeyer, 489 So. 2d 863 (Fla. 1st DCA 1986) (allowed former wife to enforce post-majority child support obligation in settlement agreement which was incorporated in dissolution judgment); Brown v. Brown, 484 So. 2d 1282 (Fla. 4th DCA 1986) (disapproving Cronebaugh and allowing former wife to enforce arrearage for accrued college expenses provided for in final judgment and settlement agreement incorporated therein); Newman v. Newman, 459 So. 2d 1129 (Fla. 3d DCA 198…
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Sprunger v. Sprunger, 534 So. 2d 925 (Fla. 4th DCA 1988)…ave standing to seek modification of support for a dependent child. John claims that since Andrew is an adult, he alone, or a court-ordered guardian, must bring an action for his support. We have previously rejected such contentions. Brown v. Brown, 484 So. 2d 1282 (Fla. 4th DCA 1986). See also section 743.07(2), Florida Statutes (specifically authorizes courts to order parental support for adult dependent children); Smith v. Smith, 495 So. 2d 886 (Fla. 2d DCA 1986); Sudduth v. Scott, 394 So. 2d 536 (Fla. 4th…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cronebaugh v. van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982)
- Boston OLD Colony Ins. Co. v. Gutierrez, 325 So. 2d 416 (Fla. 3d DCA 1976)
- Massey v. Cleveland Massey, 443 So. 2d 294 (Fla. 3d DCA 1983)
- Holmes v. Holmes, 384 So. 2d 1295 (Fla. 2d DCA 1980)