The First District Court of Appeal reminds us, in Hale v. Shear Express, Inc., 2006 Fla. App. LEXIS 10056 [Fla. 1st DCA 2006], that to be enforceable, a settlement agreement must reflect assent by the parties to all essential terms; if any remain open, subject to future negotiation, there can be no enforceable contract. But, you knew that – right?!?
You’ve heard it before – “We’ll prepare and exchange releases later.” Uh oh! Now what?
This isn’t the first time the First District Court of Appeal called this to our attention – see my earlier post on the issue.
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