Florida District Courts of Appeal, 1987

Berryer v. Hertz

Berryer v. Hertz
Florida District Courts of Appeal · Decided February 10, 1987 · Barkdull, Ferguson, Nesbitt
502 So. 2d 75; 1987 Fla. App. LEXIS 6686 (Southern Reporter, Second Series)

Berryer v. Hertz

Opinion of the Court

PER CURIAM.

Affirmed. See Manner v. Goldstein Professional Ass’n, 436 So.2d 431 (Fla. 3d DCA 1983) (in divorce action, spouse not permitted to avoid terms of property settlement agreement by simultaneous oral declaration); N.A. Kerson Co., Inc. v. Shayne, Dachs, Weiss, Kolbrenner, Levy & Moe Levine, 45 N.Y.2d 730, 408 N.Y.S.2d 475, 380 N.E.2d 302 (App. 1978) (in legal malpractice action, where plaintiffs alleged that attorney had improperly entered into a stipulation withdrawing an affirmative defense in was later settled by stipulation entered in open court, plaintiffs were required to prove that they would have succeeded but for the withdrawal of the affirmative defense); cf. Cohen v. Lipsig, 92 A.D.2d 536, 459 N.Y.S.2d 98 (App.Div. 1983) (a cause of action for legal malpractice is viable despite plaintiffs settlement of underlying action when such settlement was compelled because of the mistakes of defendant, plaintiffs former counsel).

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