AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., APPELLANT,
v.
MARROD, INC. D/B/A AYESTERAN SUPERMARKET, ALBERTO MARRERO AND PABLO N. RODRIGUEZ, APPELLEES
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American Express prevails on appeal where the trial court improperly vacated a final judgment entered pursuant to a settlement agreement's clear provision that failure to make timely payments would result in judgment for the plaintiff.
A settlement agreement's unambiguous provision requiring entry of final judgment upon defendants' failure to make timely payments must be enforced, and a trial court order vacating such judgment is reversible error.
[1] A settlement agreement containing an unambiguous provision that failure to make timely payments results in entry of final judgment must be enforced according to its clear…
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Join FLexlaw to unlock all legal intelligence“Settlements are highly favored and will be enforced whenever possible.”
Court citing BAC Int'l Credit Corp. v. Macia and Robbie v. City of Miami for the principle that settlement agreements are strongly disfavored from being disturbed.
American Express and defendants entered a settlement agreement requiring monthly payments of $1,000, with a provision that failure to timely pay would…
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PER CURIAM.
American Express Travel Related Services Company, Inc. [American Express] appeals from an order granting the defendants’ Motion for Relief from Proceeding. We reverse.
“[Settlements are highly favored and will be enforced whenever possible.” BAC Int’l Credit Corp. v. Macia, 626 So. 2d 1087, 1038 (Fla. 3d DCA 1993) (quoting Robbie v. City of Miami, 469 So. 2d 1384, 1385 (Fla.1985)). In the instant case, the parties entered into a settlement agreement stipulating to the total amount due and providing for monthly payments of $1,000.00. The settlement agreement also provided that “[i]f defendants fail to timely make payments required by this agreement, final judgment shall be entered in favor of plaintiff.” The evidence clearly established that the defendants failed to make several payments in a timely manner.
Moreover, the check for the July, 1993, payment was returned by the defendants’ bank marked “Returned Not Paid Uncollected Funds.” Therefore, pursuant to the clear and unambiguous terms of the settlement agreement, final judgment was to be entered in favor of the plaintiff, American Express.
Accordingly, the trial court’s order granting the defendants’ Motion for Relief from Proceeding which had the effect of vacating the final judgment, is hereby reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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SUN Microsystems OF Cal., Inc. v. Eng'g & Mfg. Sys., 682 So. 2d 219 (Fla. 3d DCA 1996)…ated in numerous court decisions, highly favors settlement agreements among parties and will seek to enforce them whenever possible. See Robbie v. City of Miami, 469 So. 2d 1384 (Fla.1985); American Express Travel Related Servs. Co. v. Marrod, Inc., 637 So. 2d 4 (Fla. 3d DCA 1994). A settlement agreement must be interpreted in accordance with its terms and underlying intent. See Morales v. Metropolitan Dade County, 652 So. 2d 925 (Fla. 3d DCA), review denied, 662 So. 2d 343 (Fla.1995). In the instant case,…
Authorities Cited
- Robbie v. City OF Miami, 469 So. 2d 1384 (Fla. 1985)