In a short and sweet opinion, the First DCA has ruled that an order denying a party’s request to enforce a mediated settlement and instead setting it aside because it was signed under duress is not an appealable final order. The opinion in Pierce v. Pierce, No. 1D10-1872 (Fla. 1st DCA Sept. 7, 2010) [.pdf] isn’t very helpful to practitioners trying to understand why this is so. But just think about it: if the settlement is set aside, then the case is not finally adjudicated; there is more judicial labor to be done before there is a final order. So really, this isn’t too surprising. But it does stink for the party who thought the case was over and now has to continue litigating.
http://flappellate.wpengine.com/wp-content/uploads/2017/01/Florida-Appellate-Procedure-Blog-Logo.png 0 0 Dineen http://flappellate.wpengine.com/wp-content/uploads/2017/01/Florida-Appellate-Procedure-Blog-Logo.png Dineen2010-09-16 09:19:522010-09-14 09:27:49Order Setting Aside Settlement Not Reviewable