MANDY MORGAN, APPELLANT,
v.
BRIAN C. DECKER, FLORENCE CHAPMAN AND TRAVIS DANFORD, APPELLEES

Fla. 1st DCA | 2009-11-30
No. 1D08-5610
WEBSTER, DAVIS, and PADOVANO, JJ., concur.
23 So. 3d 201 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant asserts that the trial court committed reversible error during the trial by admitting evidence of appellant’s settlement agreement with another defendant and by denying appellant’s motions for mistrial and new trial after defense counsel mischaracterized the settlement agreement during opening statement. We agree that reversal is required by the recent decision in Saleeby v. Rocky Elson Construction, Inc., 3 So.3d 1078 (Fla.2009), which was issued after the appeal was taken in this case. Accordingly, we reverse the final judgment and remand for a new trial.

REVERSED and REMANDED with directions.

WEBSTER, DAVIS, and PADOVANO, JJ., concur.

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  • Panama City-Bay Cnty. Airport & Indus. Dist. v. Kellogg Brown & Root Servs., Inc., 140 So. 3d 1112 (Fla. 1st DCA 2014)
    …disclosure of the fact of settlement or dismissal is prohibited regardless of whether it is presented to the jury through evidence or through some other means. Id. at 494-95 (citations omitted); see also Saleeby, 3 So. 3d at 1085; Morgan v. Decker, 23 So. 3d 201 (Fla. 1st DCA 2009). In this case, KBR argues that the unambiguous law doesn’t apply because the Airport-Phoenix settlement agreement constitutes a “Mary Carter-style” agreement. In Dosdourian v. Carsten, the Florida Supreme Court permitted disclos…
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