Jeffrey Grossfeld v. CV Funding, LLC

Summary

The Florida Third District Court of Appeal affirmed a county court order enforcing a settlement agreement and entering final judgment for CV Funding, LLC. The court held that, absent a transcript, it could reverse only for an error of law apparent on the face of the final order, and found no such error. Because the settlement agreement's terms were clear and expressly authorized enforcement without a hearing upon breach, an evidentiary hearing was not required.

Holdings

1. Because Grossfeld did not provide a transcript of the hearing relied upon by the final order, the appellate court could reverse only if an error of law appeared on the face of the final order; no such error appeared.
2. An evidentiary hearing is required when there is a dispute over the existence, validity, or terms of a settlement agreement, but enforcement without a hearing is permissible when the agreement's existence is undisputed and its terms are clear and unambiguous.
3. Issues not raised in the initial appellate brief are considered waived or abandoned.

Questions Presented

1. Whether the county court erred by enforcing the settlement agreement without an evidentiary hearing concerning alleged factual disputes over breach and waiver.
2. Whether an error of law appeared on the face of the final order sufficient to warrant reversal when the appellant failed to provide a transcript of the hearing.

Disposition

affirmed