Legal Opinion

Marjon v. Lane

District Court of Appeal of Florida

Decided November 26, 2008No. 2D08-1672Published

1Opinion of the Court

LaROSE, Judge.

This is an interlocutory appeal from a postdissolution order. Louis Marjon, the former husband, argues that the trial court erroneously dismissed his amended motion to set aside a mediated settlement agreement (the Agreement). We have jurisdiction. See Fla. R.App. P. 9.130(a)(4), (5). We conclude that the trial court erred in finding that an exculpatory clause in the Agreement barred Mr. Marjon’s claims. Consequently, we reverse for a hearing on the merits.

Mr. Marjon and Jane R. Lane, the former wife, had an infant daughter at the time of their dissolution. The child and Ms.…

2Cases cited6 opinions

  1. Oceanic Villas, Inc. v. Godson, Et Ux.Supreme Court of Florida · 1941
  2. L. Luria & Son, Inc. v. Honeywell, Inc.District Court of Appeal of Florida · 1984
  3. Seal v. BrownDistrict Court of Appeal of Florida · 2001
  4. Gostyla v. GostylaDistrict Court of Appeal of Florida · 1998
  5. Windstar Club, Inc. v. WS Realty, Inc.District Court of Appeal of Florida · 2004

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