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.
Key facts
- The Gleasons own 22 acres in Merritt Island where they live and operate Gleason Landscaping; IFP Development acquired the abutting 100-plus acre parcel for a residential community and engaged Kern and R.K. Engineering for engineering services.
- The Gleasons sued IFP Development, its engineers, and successor owners (Florida 635, Island Forest Preserve HOA, and Maronda Homes), alleging the development work caused ongoing damage to their property.
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Holdings
- A settlement agreement is interpreted under ordinary Florida contract rules — starting with the plain language, and reading the document as a whole to give reasonable effect and meaning to…
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Why it matters
This is a practical warning for litigators drafting global settlements that bundle a cash payment, a property interest, and a contingent real estate transaction. Where the settlement itself spells out what happens if… — full analysis with a trial
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