ALEJANDRO VIQUEIRA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sec. Ins. Co. OF Hartford v. Puig, 728 So. 2d 292 (Fla. 3d DCA 1999)
  …ontractual language is clear, courts may not indulge in construction or modification and the express terms of the settlement agreement control. See Pafford v. Standard Life Ins. Co. of Ind., 52 So. 2d 910 (Fla.1951); Avery Development Corp. v. Bast, 582 So. 2d 150 (Fla. 4th DCA 1991); BMW of North America, Inc. v. Krathen, 471 So. 2d 585 (Fla. 4th DCA 1985), review denied, 484 So. 2d 7 (Fla.1986). Here, the terms of the detailed negotiated settlement agreement required the individual policyholders to sign th…
• Fed. Home Loan Mortg. Corp. v. Molko, 602 So. 2d 983 (Fla. 3d DCA 1992)
  …Life Ins. Co., 52 So. 2d 910 (Fla.1951); BMW of N. Am., Inc. v. Krathen, 471 So. 2d 585, 587 (Fla. 4th DCA 1985), review denied, 484 So. 2d 7 (Fla.1986); “[i]f the terms are clear and unambiguous, the express terms control.” Avery Dev. Co. v. Bast, 582 So. 2d 150, 151 (Fla. 4th DCA 1991). The settlement agreement called for the November interim payment. Payment was due for the “month in which the sale of the Mortgaged [*984] Properties is closed.... The trial court should have enforced the agreement. We hold…
• Philip Morris Inc. v. Saundra K. Jett, 802 So. 2d 353 (Fla. 3d DCA 2001)
  …efendants also cite to cases granting review of orders interpreting settlement agreements. In those cases, however, the orders at issue provided for an end to the litigation, not the beginning, as is the situation here. See Avery Dev. Corp. v. Bast, 582 So. 2d 150, 151 (Fla. 4th DCA 1991)(presenting the issue of whether the trial court erred in determining that a mortgage commitment procured by appel-lees was identical in substance to a prior commitment, as required by the settlement agreement, in order to co…

Authorities Cited

• Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988)