AMBER PERRIN v. DE SOLEIL SOUTH BEACH ASSOCIATION INC., Etc.
CourtDistrict Court of Appeal of Florida
Date FiledApril 22, 2020
Docket3D19-0495
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 22, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-495
Lower Tribunal No. 16-28089
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Amber Perrin,
Appellant,
vs.
De Soleil South Beach Association, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas,
Judge.
The Monestime Firm and Regine Monestime, for appellant.
Young, Berman, Karpf & Gonzalez, P.A., and Andrew S. Berman, for
appellee.
Before SCALES, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Fratangelo v. Coosemans, 264 So. 3d 1079 (Fla. 3d DCA 2019)
(order enforcing settlement based on nonjury finding on disputed evidence is
reviewed on appeal for competent, substantial evidence because lower court is in
best position to evaluate and weigh testimony and evidence based upon its
observation of bearing, demeanor, and credibility of witnesses) (citing Hamilton v.
Fla. Power & Light Co., 48 So. 3d 170, 172 (Fla. 4th DCA 2010)); Boyko v. Ilardi,
613 So. 2d 103, 104 (Fla. 3d DCA 1993) (execution of settlement documents is not
condition precedent to settlement agreement but mere procedural formality); Nichols
v. Martell, 612 So. 2d 657, 659 (Fla. 3d DCA 1993); Don L. Tullis & Assocs., Inc.
v. Benge, 473 So. 2d 1384, 1386 (Fla. 1st DCA 1985) (explaining that โ[t]o be
enforced, the [settlement] agreement must be sufficiently specific and mutually
agreeable on every essential elementโ); Rushing v. Garrett, 375 So. 2d 903, 906 (Fla.
1st DCA 1979) (โ[A]pparent authority may arise when the actions of the principal,
reasonably interpreted, cause a third person to believe in good faith that the principal
consents to the acts of the agent.โ).
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