01-3517 STILL V. STILL

State: Florida

Court: Florida Third District Court

Docket No: 01-3517 STILL V. STILL

Case Date: 01/29/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003

SANDRA STILL, Appellant, vs. ARTHUR STILL, Appellee.

** ** ** ** ** CASE NO. 3D01-3517 LOWER TRIBUNAL NO. 01-954

Opinion filed January 29, 2003. An Appeal from the Circuit Court for Miami-Dade County, Judith L. Kreeger, Judge. Welbaum, Guernsey, Hingston, Greenleaf & Gregory and Robert J. Black, for appellant. Hersch & Talisman and Patrice A. Talisman, for appellee. Before SCHWARTZ, C.J., FLETCHER and SHEVIN, JJ. SHEVIN, Judge. Sandra Still, former wife, appeals a final dissolution judgment that vacates a mediation settlement agreement. We

affirm. The court properly granted the former husband's motion to set the agreement aside. demonstrated: The evidence presented below

that the former wife made false statements

concerning a specific material fact - to wit, that she and the daughter would remain in the marital home so the child could grow up there; that the former wife knew the representation was false; that the former wife intended the representation to induce reliance by the former husband; and that the former husband was injured by his reliance on the representation. Lopez-Infante v. Union Central Life Ins. Co., 809 So. 2d 13, 15 (Fla. 3d DCA), review denied, 832 so. 2d 106 (Fla. 2002). Therefore, we affirm the final judgment in all respects. Affirmed.

-2-

Download 01-3517 STILL V. STILL.pdf