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Cerniglia v. Cerniglia

655 So. 2d 172 (1995)

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Cerniglia v. Cerniglia

Florida District Court of Appeal
655 So. 2d 172 (1995)

  • Written by Jody Stuart, JD

Facts

Donna Cerniglia (plaintiff) entered into a marital-settlement agreement with her husband (defendant), and her marriage was subsequently dissolved. The settlement agreement provided that the agreement constituted a full and complete settlement of claims of any nature whatsoever that each party might have against the other. In addition, the paragraph titled Release of All Claims stated that the husband and wife forever renounced and relinquished all claims of whatever nature and that the paragraph constituted a complete, general release of all claims whatsoever. Three years later, Donna brought tort and contract claims against her former husband in trial court, including assault and battery, intentional infliction of emotional distress, and breach of contract. Donna alleged that she had been physically and mentally abused during the marriage and sought to recover damages or to have the settlement agreement set aside. Donna’s former husband moved for summary judgment. The trial court examined the settlement agreement and found, as a matter of law, that the release was intended by the parties to serve as a complete bar to all claims arising from the marriage. The trial court granted summary judgment. Donna appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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