EDMON JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDMON JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
737 So. 2d 631
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant’s claim of involuntary plea based on “misadvice” of counsel associated with the terms of his “substantial assistance” agreement is legally sufficient and was not refuted by the portions of the record attached to the trial court’s order. See generally State v. Leroux, 689 So. 2d 235 (Fla.1996).
We reverse and remand for attachment of portions of the record which conclusively refute this claim, or for an evidentiary hearing thereon.
GUNTHER, TAYLOR and HAZOURI, JJ., concur.
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Citator
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Jami S. Wagner v. Wagner, 885 So. 2d 488 (Fla. 1st DCA 2004)…to either Florida or California law, a settlement agreement of the type involved here, entered into voluntarily after full disclosure and then ratified by a court, is a contract, subject to interpretation like any other contract. E.g., Zern v. Zern, 737 So. 2d 631, 633 (Fla. 1st DCA 1999); In re Marriage of Benjamins, 26 Cal.App.4th 423, 31 Cal.Rptr.2d 313, 315 (1994). If the terms are clear and unambiguous, their interpretation presents a question of law for determination by the court. E.g., Rothstein v. Hon…
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East v. Lague, 893 So. 2d 706 (Fla. 1st DCA 2005)…ttlement agreement. The parties’ settlement agreement unambiguously indicates that the provision concerning the children’s college fund was intended as a child support provision, and thus, contempt is an available enforcement tool. See Zern v. Zern, 737 So. 2d 631 (Fla. 1st DCA 1999). The trial court’s order is, therefore, REVERSED and this case is REMANDED for further proceedings. WOLF, C.J., KAHN and POLSTON, JJ., Concur.…
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Griffith v. Griffith, 860 So. 2d 1069 (Fla. 1st DCA 2003)…agreement because the parties had minor children, we review briefly the law concerning marital settlement agreements. First, the construction of such settlement agreements is subject to the same rules of law as any other contract. See Zern v. Zern, 737 So. 2d 631, 633 (Fla. 1st DCA 1999). Next, a trial court should follow the stipulations entered into by the parties, which are generally binding on the parties and the court. See Rhoden v. Rhoden, 538 So. 2d 1274, 1275 (Fla. 1st DCA 1988). Finally, mediation a…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)