France v. Gambone

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ) ) ) ) ) ) ) ) ) ) ) BRUCE FRANCE, SR., and KERMIT BRAU FRANCE, Individually, and as husband and wife, Appellants, v. JOSEPH WILLIAM GAMBONE, Appellee. Case No. 2D00-3094 ) Opinion filed August 17, 2001. Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge. George A. Vaka and Peter F. Catania, Tampa, for Appellants. Philip D. Parrish, Miami, and Mark S. Ramey, Tampa, for Appellee. SALCINES, Judge. Bruce France, Sr., and Kermit Brau France, his wife, appeal an order granting Joseph Gambone's motion to enforce a settlement agreement. We have reviewed the documents presented to the trial court which were deemed to have comprised the settlement agreement, and based upon our de novo review, we find that those documents did not constitute a binding settlement agreement. Accordingly, we reverse and remand for further proceedings. Reversed and remanded. BLUE, C.J., and THREADGILL, J., Concur. -2-

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