JACEK KOZMINSKI AND
v.
CHRISTIAN B. KOEPPEN AND
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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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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
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 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 SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.1 Christian B. Koeppen is now deceased.2 The agreement was also not signed by the Kozminskis' former counsel, who represented them at the time of the mediation, or the mediator.
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Citator
Authorities Cited
- THE Parkland Condo. Ass'n, Inc. v. Henderson, 350 So. 3d 484 (Fla. 2d DCA 2022)