ROBERT MEEKS
v.
TIMOTHY STRICKLAND AND CYNTHIA STRICKLAND
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed in part and dismissed in part a lower court's decision. The lower court granted summary judgment to the defendants, finding the plaintiff's lawsuit premature because mediation had not occurred as required by the contract. The appellate court agreed that the lawsuit was premature but dismissed the appeal regarding attorney fees as premature.
Yes, the lawsuit was premature because the contract clearly required mediation before instituting legal action. Yes, the appeal concerning attorney fees is also premature as the amount has not been set.
[1] A contract provision requiring mediation before instituting legal action must be followed unless the action seeks injunctive relief.
[2] A lawsuit filed before mandatory mediation has occurred is premature.
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Join FLexlaw to unlock all legal intelligence“It is fundamental that where a contract is clear and unambiguous in its terms, the court may not give those terms any meaning beyond the plain meaning of the words contained therein.”
This quote establishes the principle of contract interpretation that the court applied.
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Join FLexlaw to unlock all legal intelligenceRobert Meeks sued Timothy and Cynthia Strickland over a promissory note related to a real estate transaction. The Stricklands moved for summary judgme…
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COHEN, J.
Plaintiff, Robert Meeks, and Defendants, Timothy and Cynthia Strickland, are at odds over nonpayment of a promissory note stemming from a real estate transaction governed by a FloridaRealtors/FloridaBar contract.1 The Stricklands
argued in a summary judgment motion that Meeks’s lawsuit was premature as no mediation had yet occurred. They cited to paragraph 16(b), which states: Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation . . . . Injunctive relief may be sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. The trial court granted summary judgment, and Meeks appeals the judgment entered in favor of the Stricklands. “It is fundamental that where a contract is clear and unambiguous in its terms, the court may not give those terms any meaning beyond the plain meaning of the words contained therein.” Dows v. Nike, Inc., 846 So. 2d 595, 601 (Fla. 4th DCA 2003). The contract at issue required the parties to mediate before “instituting action in the appropriate court[.]” The contract clearly required mediation before litigation ensued. The trial court awarded the Stricklands attorney fees under section 57.105, Florida Statutes (2021), but deferred setting the amount until later. Like Meeks’s lawsuit, his appeal from the portion of the judgment granting fees is premature. See Kelly v. HSBC Bank USA Nat’l Ass’n., 240 So. 3d 107, 108 (Fla. 3d DCA 2018) (dismissing attempt to appeal order granting sanctions because it addressed only entitlement, not amount).
AFFIRMED in part and DISMISSED in part.
NARDELLA and SMITH, JJ., concur. Adam Stevens, of Powell, Jackman, Stevens & Ricciardi, P.A., Fort Myers, for Appellant.
David W. Fineman, of The Dellutri Law Group, P.A., Fort Myers, for Appellees.
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Citator
Cited By
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Permanent Gen. Assurance Corp. v. Allied Healthcare of Cent. Fla., Inc. (Fla. 6th DCA 2025)
Authorities Cited
- Noreen Dows and Gregory Dows v. Nike, Inc., 846 So. 2d 595 (Fla. 4th DCA 2003)
- Kelly v. HSBC Bank USA, 240 So. 3d 107 (Fla. 3d DCA 2018)