MASTEC, INC., APPELLANT,
v.
ROLANDO CUE, APPELLEE
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Mastec sought to enforce an alleged mediation settlement with Rolando Cue for $100,000, but the trial court denied the motion because the settlement agreement was not reduced to writing and signed by the parties as required by Florida Rule of Civil Procedure 1.730(b). The appellate court affirmed, holding that the absence of a signed writing is not merely a technical deficiency but rather a substantive requirement for enforceability.
The court held that the lack of a written agreement signed by both parties constitutes more than a mere technical deficiency and renders the alleged mediation settlement unenforceable under Florida Rule of Civil Procedure 1.730(b). The signatures of the parties themselves are necessary and cannot be satisfied by counsel's signature alone.
[1] A settlement agreement reached during mediation is unenforceable if it is not reduced to writing and signed by the parties.
[2] The signature of counsel alone is insufficient to validate a mediation settlement agreement under Florida Rule of Civil Procedure 1.730(b).
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Join FLexlaw to unlock all legal intelligence“the lack of a written agreement signed by both parties was more than a mere technical deficiency, and that the alleged mediation settlement is unenforceable”
States the court's holding that the absence of a signed writing is substantive, not merely technical
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Join FLexlaw to unlock all legal intelligenceIn December 2007, a personal injury lawsuit proceeded to mediation where Mastec alleges the parties agreed to a $100,000 settlement. The alleged media…
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ROTHENBERG, J.
The defendant, Mastec, Inc. (“Mastec”), appeals from an order denying its motion to enforce an alleged settlement with the plaintiff, Rolando Cue (“the plaintiff’). We affirm.
In December 2007, the plaintiffs personal injury lawsuit proceeded to mediation, and Mastec alleges that the parties agreed to a $100,000 settlement at that time. However, it is undisputed that the alleged mediation agreement was not reduced to writing and signed by the parties in accordance with Florida Rule of Civil Procedure 1.730(b).1 Based upon this fact, the trial court denied Mastec’s ensuing motion to enforce the settlement and for sanctions.
On appeal, Mastec directs this Court’s attention to Jordan v. Adventist Health System/Sunbelt, Inc., 656 So. 2d 200 (Fla. 5th DCA 1995), for the proposition that the absence of a writing containing the plaintiffs signature is a technical detail which this Court may ignore. In Jordan, the parties to the mediation reached a settlement after extensive negotiations. Id. at 201. A preliminary agreement was reduced to writing and signed by the parties, but the agreement was not signed by counsel. Id. Thereafter, Dr. Jordan argued that because rule 1.730(b) requires that a mediation agreement be signed by the parties’ counsel, if any, the preliminary agreement he signed was unenforceable. Id. at 201-02. The Fifth District held that Dr. Jordan could not avoid the agreement by relying on the “technical detail[]” in the Rules of Civil Procedure requiring the signature of the parties’ counsel. Id. at 202.
The Jordan court, however, carefully distinguished the factual situation involved in Gordon v. Royal Caribbean Cruises, Ltd., 641 So. 2d 515 (Fla. 3d DCA 1994). Jordan, 656 So. 2d at 202. In Gordon, Royal Caribbean sought to enforce a mediation agreement against a client who did not sign the agreement, although his counsel did. Gordon, 641 So. 2d at 516. This Court held that the signatures of the parties are necessary, and “an attorney’s signature alone, albeit in the presence of his client, is wholly insufficient under [rule 1.730(b) ].” Id. at 517.
Accordingly, we conclude that the lack of a written agreement signed by both parties was more than a mere technical deficiency, and that the alleged mediation settlement is unenforceable. On the authority of Florida Rule of Civil Procedure 1.730(b), and this Court’s Gordon decision, the trial court’s order is affirmed in all respects.
Affirmed.
. Rule 1.730(b) provides in relevant part as follows: "If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any.... No agreement under this rule shall be reported to the court except as provided herein.” (Emphasis added).
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THE Parkland Condo. Ass'n, Inc. v. Henderson (Fla. 2d DCA 2022)…la. 4th DCA 2009); see Gardner v. Wolfe & Goldstein, P.A., 168 So. 3d 1281 (Fla. 4th DCA 2015) (reversing order enforcing settlement agreement where one of the parties did not sign it and claimed that he had never agreed to it); Mastec, Inc. v. Cue, 994 So. 2d 494, 495 (Fla. 3d DCA 2008) ("[W]e conclude that the lack of a written agreement signed by both parties was more than a mere technical deficiency, and that the alleged mediation settlement is unenforceable."); see also § 44.404(1)(a), Fla. Stat. (2021)…
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- Hammond v. State, 641 So. 2d 515 (Fla. 1st DCA 1994)
- Richard R. Jordan, M.D. v. Adventist Health System/Sunbelt, Inc., 656 So. 2d 200 (Fla. 5th DCA 1995)