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COHEN v. FREEMAN

No. 4D04-2208.

914 So.2d 449 (2005)

Blossom COHEN, Abraham Cohen and Medical Protective Company of Fort Wayne, Indiana, Appellants, v. Mark FREEMAN, and Mark Freeman, M.D. P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 8, 2005.

Attorney(s) appearing for the Case

Arthur J. Morburger, Miami, Alvin N. Weinstein, Miami, and Brian R. Hersh, Miami, for Abraham and Blossom Cohen.

Michele I. Nelson of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., West Palm Beach; David Van Dyke and Brian Schroeder of Cassiday, Schade & Gloor, Chicago, IL, for Medical Protective Company of Fort Wayne, Indiana.

Richard H. Willits of Richard H. Willits, P.A., Lake Worth, for appellees.

FARMER, J.

The parties to a settlement agreement in a medical malpractice action appeal the trial court's refusal to enforce their settlement.1 Because of procedural irregularities in their motion to enforce the settlement, we find no error in the trial court's initial decision declining to enter a judgment of enforcement.

But we emphasize our decision is without prejudice to appellants...

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