Paola Del Fabbro v. Luca Bonetto
The Third District reversed an order denying a motion to enforce a settlement agreement, holding that the disputed contract phrase was ambiguous and therefore could not be construed as a matter of law without an evidentiary hearing. It further held that a covenant not to 'unreasonably withhold consent' is an express, enforceable obligation, not merely aspirational cooperation language, and that whether consent was unreasonably withheld is a fact question requiring evidence.
Key facts
- The parties' Marital Settlement Agreement provided for shared decision-making on enumerated major decisions, including subsection 12.8(h), 'immigration application,' with language that the parties 'agree to cooperate in this process and neither parent shall unreasonably withhold consent.'
- A separate provision, section 12.18, separately addressed procedures and obligations for renewing the child's student visa.
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Holdings
- An agreement is ambiguous when it is susceptible to two different interpretations, each reasonably inferred from the terms of the agreement; where the parties' intent is not apparent from…
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Why it matters
Although it arises from a marital settlement agreement, the holding is straight contract law with wide commercial application. 'Consent not to be unreasonably withheld' clauses are ubiquitous in leases, assignment and… — full analysis with a trial
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