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MOORE v. GUNNING

No. 75-899.

328 So.2d 462 (1976)

Merdis MOORE and Nathan Moore, Her Husband, Appellants, v. Ralph Thomas GUNNING and Reserve Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

March 12, 1976.

Attorney(s) appearing for the Case

Joel T. Daves, III, of Burdick & Daves, West Palm Beach, for appellants.

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellees.

OWEN, Judge.

The issue here is whether an out-of-court oral settlement agreement entered into between litigants in an automobile negligence case is unenforceable by virtue of the provisions of Rule 1.030(d), RCP.1 The trial court held that this rule did not apply to oral settlement agreements. In our judgment this was error.

Appellants, through their attorney, had made an out-of-court oral settlement of their pending personal injury...

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