The husband and wife were married
in 1978 and entered into a prenuptial agreement which provided that the past,
present and future property of each spouse would remain the separate property
of the respective spouse. In 2006 the husband died while divorce proceedings
were pending. The wife sought an elective share of the estate along with other
property. The trial court ordered mediation, the parties settled the case and
the trial court approved the agreement. When the wife later failed to comply
with the terms of the agreement, the personal representative of the estate moved
to enforce the settlement. The wife appeared at the hearing and testified that
she wanted more time to consult with an attorney and to investigate the
settlement and the prenuptial agreement. The court granted the motion to
enforce. The wife did not appeal. Instead, she retained new counsel who filed
an emergency motion to stay the proceedings, a motion for rehearing and a
motion to set aside the order of enforcement. The motions were denied and the
wife appeal, seeking rescission of the settlement agreement. The District Court
held:
1. "[The wife's] argument is
without merit as the record does not support the legal remedy of rescission on
the basis that the settlement agreement was the product of unilateral
mistake."
2. "Under Florida law, the
party seeking rescission based on unilateral mistake must establish that: (1)
the mistake was induced by the party seeking to benefit from the mistake, (2)
there is no negligence or want of due care on the part of the party seeking a
return to the status quo; (3) denial of release from the agreement would be
inequitable; and (4) the position of the opposing party has not so changed that
granting the relief would be unjust."
3. "Here, [the wife] does not
claim that any party misled or induced her to enter into the settlement
agreement. Rather, she contends that her attorney misled or induced her.
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