Marjon v. Lane
Docket: No. 2D08-1672
Court: District Court of Appeal of Florida; November 25, 2008; Florida; State Appellate Court
An interlocutory appeal was filed by Louis Marjon, the former husband, challenging a trial court's dismissal of his amended motion to set aside a mediated settlement agreement (the Agreement) following his dissolution from Jane R. Lane, the former wife. The appellate court held jurisdiction and determined that the trial court erred by concluding that an exculpatory clause in the Agreement barred Mr. Marjon’s claims. Mr. Marjon sought to modify visitation rights and reduce child support obligations after moving closer to his daughter, leading to a mediated Agreement which included a provision stating that no duress, undue influence, fraud, or overreaching was involved in its negotiation. Mr. Marjon later alleged that the Agreement was procured through duress, coercion, and fraud, and filed a motion to set it aside under Florida Civil Procedure and Family Law Rules. Ms. Lane moved to dismiss, asserting that the Agreement's final provision precluded such relief, and the trial court agreed, dismissing Mr. Marjon’s motion with prejudice. The appellate court reversed this dismissal, referencing case law that indicates an exculpatory clause does not preclude a court from examining claims of fraud, duress, or coercion, and asserting that Mr. Marjon was entitled to a hearing on the merits of his claims. Although Mr. Marjon also argued that the best interests of the child were not considered, this argument was not raised in the lower court and thus was not before the appellate court. The issue of the trial court's dismissal "with prejudice" was rendered moot by the reversal. The case was remanded for further proceedings. Judges Stringer and Davis concurred with the decision.