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LEARN v. FINANCIAL WELL, INC.

No. 2D07-4048.

987 So.2d 1230 (2008)

Rosemary T. LEARN, Appellant, v. The FINANCIAL WELL, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

August 6, 2008.

Attorney(s) appearing for the Case

Charles W. Gerdes of Keane, Reese, Vesely & Gerdes, P.A., St. Petersburg, for Appellant.

Randall O. Reder of Randall O. Reder, P.A., Tampa; and Kerry H. Brown, St. Petersburg, for Appellee.

WALLACE, Judge.

Rosemary T. Learn appeals a final judgment that enforced the default provision of her Mediation Settlement Agreement (MSA) with The Financial Well, Inc. We agree with Ms. Learn that the result of the circuit court's decision to enforce the MSA's default provision in strict adherence to its terms seems harsh under the circumstances of this case. Nevertheless, we affirm the final judgment because Ms. Learn may not invoke the doctrine of substantial performance...

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