Vina v. Polli
Docket: Nos. 89-1572, 89-1573, 89-995, 89-996
Court: District Court of Appeal of Florida; March 19, 1990; Florida; State Appellate Court
George F. Vina appeals a final judgment of dissolution of marriage, the denial of his motion to set aside a settlement agreement, an order correcting technical errors in the judgment, and an order awarding attorney's fees to his wife, Patricia Vina. The court reverses all orders and the judgment except for the dissolution of the marriage itself. Patricia Vina initiated the dissolution proceedings after eight years of marriage. During George Vina's deposition, they discussed a settlement, which was later transcribed and designated as a "Settlement Agreement," but it was explicitly stated to be subject to final review and approval by both parties. Patricia subsequently filed a motion to compel the stipulation of settlement and for entry of final judgment. Despite George contesting this motion, the trial court granted it. George moved to set aside the stipulation and correct technical errors in the final judgment; the court denied the first motion but granted the second. It also awarded attorney's fees to Patricia. George appealed these decisions. The court found that there was no meeting of the minds regarding the settlement agreement, as Patricia failed to demonstrate George's assent. Given George's ongoing objections to the agreement, which required mutual final approval, the trial court erred in entering a final judgment based on the alleged settlement. The case is reversed and remanded for further proceedings concerning property, alimony, and support issues.