ARTHUR C. STILL, JR. AND ART'S TREE SERVICE, APPELLANTS,
v.
POLECAT INDUSTRIES, INC., WAYNE GWILLIAM, REED BINGHAM, ESQ., REED BINGHAM, P.A., CLIFFORD M. KOLBER, AND LYNN GWILLIAM, APPELLEES

Fla. 3d DCA | 1996-11-27
No. 96-2141
Before JORGENSON, GERSTEN and GREEN, JJ.
683 So. 2d 634 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, Arthur C. Still, Jr. and Art’s Tree Service, appeal an order dismissing their action with prejudice after the trial court declined to modify the settlement agreement signed by both parties. We affirm.

Settlement agreements are highly favored in the law as a means of resolving disputes between parties. The appellants were represented by counsel, entered into a binding settlement agreement, and ratified the terms of the agreement by accepting the settlement funds. Accordingly, we find no legal basis to contest the settlement agreement. See Lotspeich Co. v. Neogard Corp., 416 So. 2d 1163 (Fla. 3d DCA 1982); Kisz v. Massry, 426 So. 2d 1009 (Fla. 2d DCA 1983); Shields v. Del Rosario, 303 So. 2d 355 (Fla. 3d DCA 1974), cert, denied, 315 So. 2d 97 (Fla.1975).

Affirmed.


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  • Anderson v. State, 711 So. 2d 106 (Fla. 4th DCA 1998)
    …ort a revocation of probation, the State has the burden of proving by the greater weight of the evidence that the probationer’s violation was both substantial and willful. See Garcia v. State, 701 So. 2d 607, 608 (Fla. 2d DCA 1997); Mathis v. State, 683 So. 2d 634, 635 (Fla. 4th DCA 1996). The determination of whether probationer’s violation was willful and substantial is a question of fact and will not be overturned on appeal unless the record shows that there is no evidence to support the determination. See…
  • Matthews v. State, 736 So. 2d 72 (Fla. 4th DCA 1999)
    …rder. If he had any grievance, he could have either refused probation or appealed the order and its contents. Section 924.06(2), F.S. 1973; Hardrick v. State, 293 So. 2d 135 (2d D.C.A.Fla.1974).3 Id. at 310. In a more recent case, Mathis v. State, 683 So. 2d 634 (Fla. 4th DCA 1996), this court, without addressing the foregoing issue, considered the validity of a condition of probation on an appeal from an order revoking probation. In Mathis, the defendant was on two years probation with the special conditio…
  • Costanz v. State, 740 So. 2d 71 (Fla. 4th DCA 1999)
    …nnot [be] determine^] from the record whether the trial court would have revoked [the defendant’s] probation and imposed the same sentence based solely on the ... valid grounds” remaining, an appellate court must reverse and remand. Mathis v. State, 683 So. 2d 634, 637 (Fla. 4th DCA 1996). Because we cannot determine if the trial court would have imposed the same sentence, we reverse and remand for further proceedings. [*73] AFFIRMED in part; . REVERSED AND REMANDED in part. GUNTHER, GROSS and HAZOURI, JJ.,…

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