Falsetto v. Liss
Former business partners signed a 2014 settlement agreement releasing all claims 'past or present, known or unknown' from 'the beginning of the world' to the effective date. The Third DCA reversed summary judgment discharging appellants' later fraud counterclaims, holding that a release of 'unknown' claims is not the same as a release of 'unaccrued' or future claims, and that a genuine issue of material fact remained as to whether the fraud claims had accrued (i.e., whether appellants knew or should have known of the fraud) when the release was signed.
Key facts
- Former business partners executed a 2014 settlement agreement containing a general release of all claims 'past or present, known or unknown' from 'the beginning of the world' to the effective date.
- Appellants later asserted fraud counterclaims against appellee; the trial court granted appellee's motion for summary judgment discharging the counterclaims based on the release.
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Why it matters
The opinion gives transactional and litigation counsel a clean, citable distinction between 'known or unknown' and 'accrued vs. future' release language, with a side-by-side survey of Florida cases parsing each… — full analysis with a trial
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