JACEK KOZMINSKI AND BARBARA KOZMINSKI
v.
CHRISTIAN B. KOEPPEN AND EDITH E. KOEPPEN AS TRUSTEES
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A mediated settlement agreement is not enforceable when the party against whom enforcement is sought did not sign the agreement.
[1] A mediated settlement agreement is unenforceable against a party who did not sign the agreement, even if other parties to the dispute signed it.
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Join FLexlaw to unlock all legal intelligence“the mediated settlement agreement in this case was not enforceable because the Kozminskis did not sign it”
Court's statement of the basis for reversal
The Kozminskis entered into a mediated settlement agreement regarding the sale of residential real property to the Koeppens as trustees. The agreement…
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MORRIS, Judge.
Jacek and Barbara Kozminski appeal from a final order granting specific performance of a contract for the sale of residential real property
2
and requiring them to sell the subject property to Christian B. and Edith E. Koeppen, as trustees on behalf of the Christian B. Koeppen and Edith E. Koeppen Revocable Trust, dated April 5, 2016. We need not address all of the issues raised by the Kozminskis as appellee Edith E. Koeppen has properly conceded error.1 Pursuant to Parkland Condominium Ass'n v. Henderson, 350 So. 3d 484, 486 (Fla. 2d DCA 2022), the mediated settlement agreement in this case was not enforceable because the Kozminskis did not sign it.2 We therefore reverse the final order and remand for further proceedings.
Reversed and remanded.
SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.
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Citator
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Jacek Kozminski and Barbara Kozminski v. Koeppen, 350 So. 3d 484 (Fla. 2d DCA 2024)…an B. Koeppen and Edith E. Koeppen Revocable Trust, dated April 5, 2016. We need not address all of the issues raised by the Kozminskis as appellee Edith E. Koeppen has properly conceded error.1 Pursuant to Parkland Condominium Ass'n v. Henderson, 350 So. 3d 484, 486 (Fla. 2d DCA 2022), the mediated settlement agreement in this case was not enforceable because the Kozminskis did not sign it.2 We therefore reverse the final order and remand for further proceedings. Reversed and remanded. SILBERMAN and ROTHS…
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Jacek Kozminski v. Koeppen (Fla. 2d DCA 2024)…an B. Koeppen and Edith E. Koeppen Revocable Trust, dated April 5, 2016. We need not address all of the issues raised by the Kozminskis as appellee Edith E. Koeppen has properly conceded error.1 Pursuant to Parkland Condominium Ass'n v. Henderson, 350 So. 3d 484, 486 (Fla. 2d DCA 2022), the mediated settlement agreement in this case was not enforceable because the Kozminskis did not sign it.2 We therefore reverse the final order and remand for further proceedings. Reversed and remanded. SILBERMAN and ROTHS…
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Ricardo v. Typtap Ins. Co. (Fla. 3d DCA 2025)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jacek Kozminski and Barbara Kozminski v. Koeppen, 350 So. 3d 484 (Fla. 2d DCA 2024)