IAN GARDNER, APPELLANT,
v.
WOLFE & GOLDSTEIN, P.A., CHUTNEY ENTERPRISES, INC., A FLORIDA CORPORATION, WEST SUNRISE DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, THOMAS AUSTIN AND MARK GOLDSTEIN, APPELLEES

Fla. 4th DCA | 2015-07-29
No. 4D13-4344
WARNER, LEVINE and CONNER, JJ., concur.
168 So. 3d 1281 Florida District Court of Appeal, Fourth District (2015) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

Ian Gardner appeals an order granting a motion to enforce a mediated settlement agreement, which he never agreed to and did not sign. We reverse.

Florida Rule of Civil Procedure 1.730(b) requires that mediated agreements be reduced to writing and signed by the parties. We considered a nearly identical claim in Dean v. Rutherford Mulhall, P.A., 16 So.3d 284, 286 (Fla. 4th DCA 2009). There, as here, the parties entered into mediation and arrived at an agreement, but Dean, a party, did not sign it. Nevertheless, the trial court entered an order enforcing the agreement. On appeal, we reversed, relying on Rule 1.730(b), and noting, “Florida courts consistently have held that a supposed settlement agreement resulting from mediation cannot be enforced absent the signatures of all parties.” Id. at 286. Moreover, we granted the relief despite the absence of a transcript of the hearing, because the record on its face showed that the party had not signed the agreement. On the same basis, we reverse the order enforcing the settlement agreement in the present case.

Reversed.

WARNER, LEVINE and CONNER, JJ., concur.

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  • THE Parkland Condo. Ass'n, Inc. v. Henderson (Fla. 2d DCA 2022)
    …supplied). Thus, "a supposed settlement agreement resulting from mediation cannot be enforced absent the signatures of all parties." Dean v. Rutherford Mulhall, P.A., 16 So. 3d 284, 286 (Fla. 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…

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