Rocka Fuerta Construction, Inc. v. Southwick, Inc., 38 Fla. L. Weekly D79a, Case No. 5D11-2994, opinion filed December 28, 2012. Owner and contractor settled a claim of $42,835 with an agreement for owner to pay only $8,000, owner breached by issuing a dishonored check. Contractor's suit for full amount of claim was dismissed with dismissal by the trial court as a sanction based on contractor's alleged fraud for failing to first seek recession of the settlement agreement and filing suit without referring to the settlement agreement. The appellate court held that there was a lack of the type of egregious misconduct or extreme circumstances too support dismissal with prejudice, reversed the dismissal for lack of any fraud, and pointed out that the defendant's position could have been raised instead as an affirmative defense. (from RPPTL Subcommittee).
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602