ELIZABETH SNYDER, AS THE DAUGHTER AND AUTHORIZED AGENT OF JUDITH GOLDSTEIN
v.
MERIDIAN PARK VILLAGE LIMITED PARTNERSHIP
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A circuit court acts reasonably in modifying enforcement of a settlement agreement's visitation rights to comply with gubernatorial executive orders restricting facility access during the COVID-19 pandemic.
[1] A settlement agreement's provisions may be reasonably modified or constrained to comply with emergency executive orders issued during a public health crisis, and such mod…
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Join FLexlaw to unlock all legal intelligenceSnyder, as agent for her 92-year-old mother, settled a dispute with a limited partnership concerning her access to her mother in May 2019. After the G…
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; G. Joseph Curley, Jr., Judge; L.T. Case No. 502018CA012381XXXXMB(AA).
Peter J. Snyder of Peter J. Snyder, P.A., Boca Raton, for appellant. Thomas A. Valdez and Vilma Martinez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for appellee.
GROSS, J. Elizabeth Snyder disagreed with appellee Meridian Park Village Limited Partnership concerning her access to her 92-year-old mother. She moved for an injunction pursuant to sections 400.022 and 400.023, Florida Statutes (2019).1 The case was resolved by a written settlement agreement on May 8, 2019. Then came the COVID-19 pandemic.
Florida’s Governor issued Executive Order 20-52 and the Division of Emergency Management entered Emergency Order 20-006. One effect of the Orders was to curtail Snyder’s access to her mother as set forth in the settlement agreement. Snyder filed an emergency motion to enforce the settlement agreement.
2
We have carefully reviewed the thoughtful order of the circuit court and conclude that it acted reasonably to address Snyder’s concerns amid the constraints imposed by the pandemic.
We do not reach an issue Snyder raised on appeal—that the Governor lacked the authority to suspend the rights provided by section 400.022— because she did not raise this issue in the circuit court. Affirmed. LEVINE, C.J., and ARTAU, J., concur.
* * * Not final until disposition of timely filed motion for rehearing.