11 Fla. L. Weekly Supp. 827a
Insurance — Personal injury protection — Settlement agreement — Where agreement not to have order entered on parties’ motions for summary judgment was essential element of parties’ settlement agreement, trial court vacates order entered on court’s own initiative
DIAGNOSTIC & REHAB SERVICES, o/b/o Robert Haynes, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H 27 SP 02 965. July 9, 2004. Peyton B. Hyslop, Judge. Counsel: Fotini Z. Manolakos, Thompson Goodis Thompson Groseclose & Richardson, St. Petersburg. Amy G. Cohen, New Port Richey.
AGREED ORDER VACATING ORDER ON MOTION FOR FINAL SUMMARY JUDGMENTENTERED ON APRIL 27, 2004
[Opinion at 11 Fla. L. Weekly Supp. 647c]
THIS CAUSE having come on before the Court on Defendant’s Motion to Vacate, and the Court, having reviewed the Motion and being otherwise fully advised in these premises, the Court makes the following findings;
1. On February 24, 2004, this Court heard argument on Plaintiff’s and Defendant’s Motion for Summary Judgment.
2. Thereafter, counsel for both parties submitted Orders on same as they were unable to agree upon the language.
3. Subsequent to the hearing, an agreement was reached between the parties regarding settlement of this matter.
4. One of the conditions of the agreement was that an Order not be entered.
5. Although both parties submitted an Order, the Court, on its own initiative entered an Order on April 27, 2004.
6. The agreement not to have an Order entered was an essential element of the Settlement of this claim.
7. The parties have agreed to fully compromise and settle the instant cause
it is and the same hereby be;
ORDERED and ADJUDGED as follows:
Defendant’s Motion to Vacate is GRANTED and the Order entered on April 27, 2004 is hereby Vacated.
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