Thursday, December 02, 2004

It Has Appeal! A Court Ordering Specific Performance of a Mediation Agreement.

The trial court granted the contractor’s motion to enforce the mediation agreement which provided for the developer to file a voluntary dismissal of “all claims against the parties making payments and/or being released.” The agreement was conditioned upon the contractor being insolvent and no fraudulent transfers. A dispute arose over these conditions and the developer refused to file the voluntary dismissal. The appellate court held that the trial court order enforcing the agreement was appealable in Orchid Island Properties, Inc., et al. v. W.G. Mills, Inc. of Bradenton, et al., 2004 Fla. App. LEXIS 18155 [Fla. 4th DCA 2004].