March 22, 2018 - Opposing Counsel Withdraws Motion to Enforce Mediation Settlement Agreement

March 22, 2018, in response to a Motion to Dismiss Plaintiff's Motion to Reopen Case to Enforce Mediation Settlement Agreement and Motion for Entry of Consent Final Judgment filed by Mr. Kent in a civil matter in which Mr. Kent's client had entered into a civil mediation agreement part of which included execution of a stipulated judgment, opposing counsel withdrew his motion to enforce the judgment and took the case off the calendar.   Although the vast majority of Mr. Kent's work is criminal, he is called on from time to time to represent clients in civil matters.  The key to this motion was a technical defense under Florida law by which when parties enter into a mediation settlement with terms left to be executed, but as part of the mediation settlement agree to dismiss the case, the trial court loses jurisdiction to later enforce the terms of the settlement including any right to enter a stipulated judgment unless certain formalities are complied with in the motion to dismiss and in the agreed order of dismissal.  Those formalities had not been complied with in this case, resulting in the party who had received the stipulated judgment not being able to have it entered.  Mr. Kent's client had defenses to the matter but this technical defect obviated the need to present and litigate those defenses in the pending case.