The opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JACEK KOZMINSKI and
BARBARA KOZMINSKI,
Appellants,
v.
CHRISTIAN B. KOEPPEN, deceased, and
EDITH E. KOEPPEN, as trustees on behalf of the
Christian B. Koeppen and Edith E. Koeppen Revocable
Trust dated April 5, 2016; JOY BROWN; and BRAD BROWN,
Appellees.
No. 2D23-1575
March 8, 2024
Appeal from the Circuit Court for Pinellas County; Thomas M.
Ramsberger, Judge.
Cristen Heather Martinez of Martinez Law, P.A., Lutz, for Appellants.
Cary A. Cash of Freeman, Goldis & Cash, P.A., St. Petersburg, for
Appellee Christian B. Koeppen, deceased, and Edith E. Koeppen, as
trustees on behalf of the Christian B. Koeppen and Edith E. Koeppen
Revocable Trust dated April 5, 2016.
No appearance for the remaining Appellees.
MORRIS, Judge.
Jacek and Barbara Kozminski appeal from a final order granting
specific performance of a contract for the sale of residential real property
and requiring them to sell the subject property to Christian B. and Edith
E. Koeppen, as trustees on behalf of the Christian B. Koeppen and Edith
E. Koeppen Revocable Trust, dated April 5, 2016. We need not address
all of the issues raised by the Kozminskis as appellee Edith E. Koeppen
has properly conceded error.1 Pursuant to Parkland Condominium Ass'n
v. Henderson, 350 So. 3d 484, 486 (Fla. 2d DCA 2022), the mediated
settlement agreement in this case was not enforceable because the
Kozminskis did not sign it.2 We therefore reverse the final order and
remand for further proceedings.
Reversed and remanded.
SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.
1 Christian B. Koeppen is now deceased.
2 The agreement was also not signed by the Kozminskis' former
counsel, who represented them at the time of the mediation, or the
mediator.
2