A couple of years ago, I blogged Vetter v. Charlotte County - which dealt with preliminary injunctions and vested rights. Now it's back as Charlotte County Park of Commerce v. Charlotte County. Here's the opinion - which anyone interested in Bert Harris actions MUST read.
It appears that a settlement agreement to deal with the case has blown up. One of the elements is that the landowner filed a notice of a Bert Harris claim during the pendancy of the other litigation. The "claim" was subject to the settlement - before the actual Bert Harris lawsuit was filed.
While gets to the issue. The Act provide for the presuit notice of the "claim" (including the requirement to file appraisals), a 180 day settlement period, then the ability to file a suit. The Act also requires court approval of the settlement "under this section" if it would contravene a statute (the most likely candidate in most circumstances is 163.3194 - the consistency requirement- if a settlment arguable includes a variance from or interpretation of a comprehensive plan provision).
So, is a settlement "under this section" a settlement only of a filed lawsuit, or of a noticed claim?
The 2d District took the position that once the notice of claim was filed, the operative provision for approval of the settlement agreement took effect. That is, once there is notice of a Bert Harris claim, the parties are bound by sections 70.001(4)(d) 1 and 2 regarding the settlement. In this case, that meant sending the issue back to the trial court, because if the Bert Harris claim was settled, then the Plaintiff might be entitled to the relief sought (judicial approval and enforcement of the settlement).
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Chủ Nhật, 7 tháng 5, 2006
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
11th Circuit, 11th Schmircuit, that's what I always say. And I see I'm not alone. On Friday in the closely-watched Checking Overdraf...
-
The Second District Court, in Pierce v. Pierce, affirmed a finding of contempt and rejected an argument that the lower tribunal should have...
-
The Fourth District Court of Appeal ruled today in Tullier v. Tullier , affirming the lower court’s modification of timesharing for the Form...
-
Our friend Glenn continues to pretend he's a lawyer, except now he's a top-notch US Attorney taking pot shots at the prosecutorial...
-
Hi folks, lots of fun stories floating around today. First, as anyone working at a big firm knows, conflicts checks are a real hassle. Just ...
-
The Second District Court of Appeal ruled yesterday in Zambuto v. Zambuto , reversing the lower court’s ruling on two grounds. The District...
Không có nhận xét nào:
Đăng nhận xét