RUTH COBB, APPELLANT,
v.
HEAD MOBILE HOME SALES, INC., APPELLEE
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ALTENBERND, Acting Chief Judge.
Ruth Cobb appeals an order dismissing her personal injury lawsuit against Head Mobile Home Sales, Inc. The trial court apparently decided that Ms. Cobb’s daughter orally agreed to dismiss the lawsuit in exchange for the defendant’s agreement to waive its claim for costs. Its order enforces that alleged settlement. Due to procedural irregularities, the trial court never required the defendant to prove its entitlement to a settlement at an evidentiary hearing. The record does not even contain admissible evidence that Ms. Cobb’s daughter had lawful authority to settle her elderly mother’s lawsuit. Accordingly, we reverse and remand for an evidentiary hearing on the motion to enforce settlement. See Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977).
Reversed and remanded.
BLUE and DAVIS, JJ., Concur.
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Citator
Cited By
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Isabelle Stamato v. Stamato, 818 So. 2d 662 (Fla. 4th DCA 2002)…ing independent actions, even where rule 1.730 did not apply. See, e.g., Dania Jai-Alai Palace, Inc. v. Sykes, 495 So. 2d 859 (Fla. 4th DCA 1986); Estate of Tobias v. Barnadby, 804 So. 2d 553 (Fla. 3d DCA 2002); Cobb v. Head Mobile Home Sales, Inc., 750 So. 2d 127 (Fla. 2d DCA 2000). We now address the substantive issue, which is whether this contract should have been set aside on the basis of a unilateral mistake. Relief can be granted for such a mistake if (1) the mistake did not result from an inexcusable…
Authorities Cited
- Renita Penfield Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977)