AMERICAN CAPITAL NETWORK v. COMMAND CREDIT CORP.

No. 97-0591.

707 So.2d 874 (1998)

AMERICAN CAPITAL NETWORK and Robert Schlein, Appellants, v. COMMAND CREDIT CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

March 4, 1998.


Attorney(s) appearing for the Case

Howard A. Tescher and Richard B. Storfer of Kipnis Tescher Lippman & Valinsky, Fort Lauderdale, for appellants.

John G. George of George and Lander, P.A., Fort Lauderdale, for appellee.


RAMIREZ, JUAN, Jr., Associate Judge.

This is an appeal from a final judgment entered ex-parte pursuant to a letter of settlement. We reverse.

On the eve of trial, the parties negotiated a settlement. Appellants' counsel drafted a letter setting forth all the terms of the agreement, including that "the parties' counsel shall execute a Stipulation for Entry of Final Judgment providing for the entry of a Final Judgment." The letter did not authorize Appellee...

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