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467 So. 2d 1065

467 So.2d 1065

10 Fla.L.Weekly 1050

Docket No. 84-1450.

Silva v. Silva

Natividad SILVA, Appellant, v. Luis SILVA, Appellee.

District Court of Appeal of Florida · decided 1985-04-23

Relies on Teodore Dorotee Autera v. Manuel Dudley Robinson, Anthony C. Autera v. Manuel Dudley Robinson · Cia Anon Venezolana De Navegacion v. Harris · 393 So. 2d 632 - Dorson v. Dorson

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-23

How this case has been cited

Cited by 16 later decisions — most recently January 2004

16 state decisions

90198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1George L. Cardet, Miami, for appellant.

¶2Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Miami, for appellee.

¶3Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

¶4SCHWARTZ, Chief Judge.

¶5At a pretrial "status" conference, counsel for both parties in this dissolution action announced to the trial judge, without dictating its provisions into the record, that their clients had reached a settlement of the case. In the order under review, the trial judge concluded on disputed but substantial evidence that the parties had in fact orally agreed to the terms of a property settlement agreement and ordered its enforcement.[1] We affirm upon the conclusion that there is no cognizable basis upon which an agreement entered into under these circumstances may or should be refused effect. See Sockolof v. Eden Point North Condominium Ass'n, Inc.,421 So.2d 716 (Fla. 3d DCA 1982) (applying common law rule applicable under present Fla.R.Jud.Ad. 2.060(g) that oral settlement agreement is valid); Buskirk v. Suddath of South Florida, Inc.,400 So.2d 810 (Fla. 3d DCA 1981) (same); see generally, applying the rules that settlement agreements are favored, are not subject to repudiation, and may be enforced summarily, Mortgage Corp. of America v. Inland Construction Co.,463 So.2d 1196 (Fla. 3d DCA 1985); Lotspeich Co. v. Neogard Corp.,416 So.2d 1163 (Fla. 3d DCA 1982); Dorson v. Dorson,393 So.2d 632 (Fla. 4th DCA 1981); Autera v. Robinson,419 F.2d 1197, 1200-01 (D.C. Cir.1969), and cases collected; CIA Anon Venezolana de Navegacion v. Harris,374 F.2d 33, 35 (5th Cir.1967), and cases collected.

¶6Affirmed.

NOTES

¶7[1] Cf. Cooke v. Cooke,126 So.2d 160 (Fla. 3d DCA 1961) (trial court correctly declined to enforce oral agreement when court's express requirement for its reduction to writing was not fulfilled).

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