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POLEZOES v. BARTLETT

No. 4D05-647.

921 So.2d 35 (2006)

James POLEZOES and Lois Polezoes, Appellants, v. Dennis BARTLETT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 17, 2006.

Attorney(s) appearing for the Case

James Beagle of James Beagle, P.A., Fort Lauderdale, for appellants.

Michael J. Styles, Fort Lauderdale, for appellee.

FARMER, J.

The trial judge enforced a settlement agreement and one of the parties appeals. We write to address a novel argument. Appellants argue that the consequences of enforcing the parties' settlement agreement operates, for them, as a penalty. They also contend that time was not of the essence in the performance of the agreement.

The suit began when appellee sued to evict appellants from a home jointly occupied by all of them. Appellee had been

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