KCG, INC., APPELLANT,
v.
DREW ROSEN, APPELLEE
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PER CURIAM.
Defendant KCG, Inc., appeals a final judgment entered on Rosen’s motion and pursuant to Rosen’s acceptance of KCG’s offer of settlement. Contrary to KCG’s argument we find that a valid and enforceable settlement agreement was reached: “[T]he parties have said the same thing as to the essential elements, and the settlement should be enforced.” Robbie v. City of Miami, 469 So. 2d 1384, 1386 (Fla. 1985); see Blackkawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So. 2d 404 (Fla. 1974). “(S]ettle-ments are highly favored and will be enforced whenever possible.” Robbie, 469 So. 2d at 1385. However, we vacate the judgment, and remand for enforcement of the settlement, which did not provide for entry of a judgment.
On remand, the parties shall exchange the tender and executed release in conformance with the settlement terms.
Judgment vacated; cause remanded.
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State Farm Mut. Auto. Ins. Co. v. Interamerican CAR Rental, Inc., 781 So. 2d 500 (Fla. 3d DCA 2001)…ent agreement in 1992. We find that they did. Settlement agreements are highly favored and the policy of this Court is to [*502] enforce such agreements whenever possible. See Robbie v. City of Miami, 469 So. 2d 1384 (Fla.1985); KCG, Inc. v. Rosen, 730 So. 2d 807 (Fla. 3d DCA 1999). Where the parties have agreed to the essential terms of a settlement, it will be enforced. See Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Financial Corp., 302 So. 2d 404 (Fla.1974); Patrick v. Christian Radio, 745 So. 2…
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Casablanca Condo. Ass'n OF Miami Beach, Inc. v. Crescent Heights Xlii, Inc., 819 So. 2d 921 (Fla. 3d DCA 2002)…the parties have agreed to the essential terms of a settlement, it will be enforced.” State Farm Mut. Auto. Ins. Co. v. InterAmerican Car Rental, Inc., 781 So. 2d 500, 502 (Fla. 3d DCA), review denied, 804 So. 2d 329 (Fla.2001); KCG, Inc. v. Rosen, 730 So. 2d 807 (Fla. 3d DCA 1999). The par [*922] ties do not dispute the agreement’s validity, and the appellees concede that the court improperly set aside the agreement sua sponte. On remand, the trial court shall conduct an evidentiary hearing to resolve the r…
Authorities Cited
- Robbie v. City OF Miami, 469 So. 2d 1384 (Fla. 1985)
- Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So. 2d 404 (Fla. 1974)