ROSEMARY T. LEARN, APPELLANT,
v.
THE FINANCIAL WELL, INC., A FLORIDA CORPORATION, APPELLEE
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WALLACE, Judge.
Rosemary T. Learn appeals a final judgment that enforced the default provision of her Mediation Settlement Agreement (MSA) with The Financial Well, Inc. We agree with Ms. Learn that the result of the circuit court’s decision to enforce the MSA’s default provision in strict adherence to its terms seems harsh under the circumstances of this case. Nevertheless, we-affirm the final judgment because Ms. Learn may not invoke the doctrine of substantial performance to escape the remedy that the parties chose as the consequence of a deficiency in her performance under the MSA. See Riesett v. W.B. Doner & Co., 293 F. 3d 164, 173-75 (4th Cir.2002); see also Polezoes v. Bartlett, 921 So. 2d 35 (Fla. 4th DCA 2006); Hufcor/Gulfstream, Inc. v. Homestead Concrete & Drainage, Inc., 831 So. 2d 767 (Fla. 4th DCA 2002); Treasure Coast, Inc. v. Ludlum Constr. Co., 760 So. 2d 232 (Fla. 4th DCA 2000); Enriquillo Exp. & Imp., Inc. v. M.B.R. Indus., Inc., 733 So. 2d 1124 (Fla. 4th DCA 1999).
Affirmed.
STRINGER and VILLANTI, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clarke v. Global Guaranteed Goods & Servs., Inc. (Fla. 6th DCA 2023)…n of a mediated settlement agreement is subject to de novo review.” (citing Kirsch v. Kirsch, 933 So. 2d 623, 626 (Fla. 4th DCA 2006))). parties from the apparent hardship of an improvident bargain.” (citations omitted)); Learn v. Fin. Well, Inc., 987 So. 2d 1230, 1230 (Fla. 2d DCA 2008) (holding party against whom default provision of settlement agreement was enforced could not invoke doctrine of substantial performance “to escape the remedy that the parties chose as the consequence” should she fail to perf…
Authorities Cited
- Sch. Bd. OF Orange Cnty. v. Korner-Decker Constr., Inc., 733 So. 2d 1124 (Fla. 5th DCA 1999)
- Silvers v. Wal-Mart Stores, Inc., 760 So. 2d 232 (Fla. 4th DCA 2000)
- Hufcor/Gulfstream, Inc. v. Homestead Concrete & Drainage, Inc., 831 So. 2d 767 (Fla. 4th DCA 2002)
- Treasure Coast, Inc. v. Ludlum Constr. Co., Inc., 760 So. 2d 232 (Fla. 4th DCA 2000)
- Polezoes v. Bartlett, 921 So. 2d 35 (Fla. 4th DCA 2006)