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Florida Appellate Court Reinstates Mediated Estate Settlement Agreement

January 14, 2014

Authors

Luke Lantta

Florida Appellate Court Reinstates Mediated Estate Settlement Agreement

January 14, 2014

by: Luke Lantta

With any litigation, settlement can bring doubts, second thoughts and regret for the parties involved.  They may find themselves asking whether they should have given up what they did, could they have gotten more, or should they have taken their chances with a jury or judge.  Because estate litigation can end up being such an emotional roller coaster for the people involved, these feelings may be even more common for the settling parties and parties sometimes may try to ‘undo’ the settlement agreement.  In Pierce v. Pierce, a Florida trial court allowed a party to rescind a mediated estate settlement agreement, but then a Florida appellate court reversed and enforced the estate settlement agreement.

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Jurisdiction To Enter Contempt Order In Fiduciary Dispute

July 9, 2013

Authors

Luke Lantta

Jurisdiction To Enter Contempt Order In Fiduciary Dispute

July 9, 2013

by: Luke Lantta

Settlement agreements settling trust, estate or probate disputes often contain language reciting that the trial court that heard the case retains jurisdiction to enforce an order approving the settlement agreement.  In Montgomery v. Morris, however, the Georgia Court of Appeals raised questions about the scope of such provisions in Georgia.

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