Sean Gleason, Danielle Gleason, and Gleason Landscaping, LLC v. IFP Development, LLC, Richard J. Kern, P.E., R.K. Engineering and Associates of Brevard, Inc., Florida 635, LLC, Island Forest Preserve HOA, Inc., and Maronda Homes, LLC, of Florida
The Fifth District affirmed an order enforcing a settlement agreement over the plaintiffs' claim that the defendant developer's permitted termination of a related six-acre purchase and sale agreement caused a failure of consideration. Reading the settlement agreement as a whole, the court held the $200,000 payment and the retained easement independently supported the agreement, and the agreement itself expressly contemplated that the land purchase might never close. The trial court's dismissal with prejudice and fee award to the defendants stood.
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