Friday, May 20, 2005

“We Made a Mistake – No, You Made a Mistake!”

In DR Lakes, Inc. v. Brandsmart U.S.A. of W. Palm Beach, 819 So.2d 971 [Fla. 4th DCA 2002], the Fourth District Court of Appeal held that a recognized exception to mediation confidentiality and privilege is where the issue is whether there had been a mutual mistake in a settlement agreement and that the trial court should hold a trial on the issue of mutual mistake.

In an opinion, following remand, Brandsmart U.S.A. of W. Palm Beach v. DR Lakes, Inc., 2005 Fla. App. LEXIS 7222 [Fla. 4th DCA 2005] the court defined mutual mistake as “when the parties agree to one thing and then, due to either a scrivener’s error or inadvertence, express something different in the written instrument.” What’s the burden of proof and who won – the buyer or the seller – in the motion to enforce the settlement agreement? You’ll have to read this informative opinion to find out [it’s a short one].

Have a good weekend!

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