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Maruri v. Maruri

District Court of Appeal of Florida, Third District
Jul 2, 1991
582 So. 2d 116 (Fla. Dist. Ct. App. 1991)

Summary

holding that parties abandoned marital settlement agreement when husband failed to pay and wife asked her attorney to dismiss the case

Summary of this case from Painter v. Painter

Opinion

No. 90-2660.

July 2, 1991.

Appeal from the Circuit Court, Dade County, Thomas Wilson, Jr., J.

Mark A. Gatica, Miami, for appellant.

Koppen, Watkins, Partners Associates, and George M. Evans, Miami, for appellee.

Before FERGUSON, COPE, and GERSTEN, JJ.


Appellant, Henry J. Maruri, appeals non-final orders requiring the payment of a settlement, and enforcing an attorney's lien in favor of appellee, Michelle Ann Maruri. We reverse.

After appellee filed her petition for dissolution, the parties entered into a settlement agreement where appellee released all of her marital rights in exchange for $12,500. Appellant, however, failed to pay anything.

Prior to a hearing on appellee's motion to require payment of the settlement, appellee wrote a letter to her attorney instructing him not to enforce the settlement and to dismiss the action. Nevertheless, appellee's attorney obtained an order requiring the payment of the settlement. Thereafter, appellee sent a second letter discharging her attorney and advising him again that she wanted the case dismissed. In turn, appellee's attorney obtained an additional order enforcing an attorney's lien.

Appellant asserts that the settlement agreement was abandoned by the parties. Appellee contends that there was never any mutual agreement between the parties to rescind their settlement agreement.

"The abandonment of a contract may be effected by the acts of one of the parties thereto where the acts of that party are inconsistent with the existence of the contract and are acquiesced in by the other party. This is tantamount to a recision of the contract by mutual assent." Gustafson v. Jensen, 515 So.2d 1298, (Fla. 3d DCA 1987) (quoting McMullen v. McMullen, 185 So.2d 191 (Fla. 2nd DCA 1966)).

We find that both parties, by their acts, abandoned the agreement: appellant, by failing to pay, and appellee by asking her attorney to dismiss the case. Because this issue is dispositive, we do not reach appellant's other issues.

Reversed.


Summaries of

Maruri v. Maruri

District Court of Appeal of Florida, Third District
Jul 2, 1991
582 So. 2d 116 (Fla. Dist. Ct. App. 1991)

holding that parties abandoned marital settlement agreement when husband failed to pay and wife asked her attorney to dismiss the case

Summary of this case from Painter v. Painter
Case details for

Maruri v. Maruri

Case Details

Full title:HENRY J. MARURI, APPELLANT, v. MICHELLE ANN MARURI, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 1991

Citations

582 So. 2d 116 (Fla. Dist. Ct. App. 1991)

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