CARLOS GUILLEN v. DIOMAR RODRIGUEZ
CourtDistrict Court of Appeal of Florida
Date FiledMarch 25, 2020
Docket3D19-1768
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 25, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1768
Lower Tribunal No. 18-1978
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Carlos Guillen,
Appellant,
vs.
Diomar Rodriguez, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Carlos Guillen, in proper person.
Quintairos, Prieto, Wood & Boyer, P.A., and Reginald J. Clyne, Michelle D.
Cofiño and Jennise Acosta, for appellees.
Before SALTER, SCALES and LOBREE, JJ.
PER CURIAM.
While represented by counsel, plaintiff/appellant Carlos Guillen allegedly
agreed to settlement terms with the defendants regarding Mr. Guillen’s personal
injury claims. A series of emails between counsel culminated in specific terms. On
August 5, 2019, counsel for the defendants filed and served a notice of settlement.
The following day, however, Mr. Guillen instructed his attorneys to revoke the
settlement.
The defendants moved to enforce the settlement in the amount previously
designated. Following an evidentiary hearing on the motion (at which Mr. Guillen’s
counsel allegedly admitted that a settlement was reached, while Mr. Guillen himself
allegedly disputed that admission), the trial court entered a final order granting the
motion. Mr. Guillen then discharged his counsel and commenced this pro se appeal.
The final order enforcing the settlement must be affirmed, as Mr. Guillen has
not provided either (1) a transcript of the specially-set evidentiary hearing on the
motion to enforce, or (2) a stipulated or approved statement of the proceedings as
authorized by Florida Rule of Appellate Procedure 9.200(b)(5).
That being so, and in the absence of any error of law discernible on the face
of the order reviewed, we affirm the order on the authority of G & S Development
Corp. v. Seitlin, 47 So. 3d 893, 895 (Fla. 3d DCA 2010).
Affirmed.
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