Opinion
No. 3D02-707.
June 19, 2002.
An Appeal from a non-final order from the Circuit Court for Miami Dade County, Barbara S. Levenson, Judge.
Phillips, Eisinger, Koss Brown, and Jeremy A. Koss, Hollywood, for appellant.
H. Hugh McConnell, Coral Gables, for appellees.
Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.
Casablanca Condominium Association of Miami Beach, Inc., appeals an order setting aside a settlement agreement. We reverse and remand for an evidentiary hearing. Contrary to the trial court's ruling, the settlement agreement is a valid and enforceable agreement. "Where the parties have agreed to the essential terms of a settlement, it will be enforced." State Farm Mut. Auto. Ins. Co. v. InterAmerican Car Rental Inc., 781 So.2d 500, 502 (Fla. 3d DCA), review denied, 804 So.2d 329 (Fla. 2001); KCG, Inc. v. Rosen, 730 So.2d 807 (Fla. 3d DCA 1999). The parties do not dispute the agreement's validity, and the appellees concede that the court improperly set aside the agreement sua sponte. On remand, the trial court shall conduct an evidentiary hearing to resolve the repair issue and to determine which parties, if any, have fulfilled their agreement obligations and are entitled to a release.
Reversed and remanded.