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In Gulliver Schools Inc. v. Snay

The Third DCA reversed a trial court order granting the plaintiff’s motion to compel enforcement of a settlement agreement, finding that the plaintiff had violated the confidentiality provision of the settlement agreement. Notably, the confidentiality provision provided the existence and the terms of the agreement be kept strictly confidential. In addition, the confidentiality provision specifically stated that breach of the confidentiality provision would result in disgorgement of the plaintiff’s portion of the settlement proceeds. Four days after the settlement agreement was signed, Gulliver notified the plaintiff that he had breached the settlement agreement, based on a Facebook post in which the plaintiff’s daughter made reference to the settlement. The court noted that settlement agreements are to be interpreted under contract law. The court found that under the plain, unambiguous language of the settlement agreement, neither the plaintiff nor his wife may either directly or indirectly disclose to anyone any information regarding the existence or the terms of the parties’ agreement. The court also found that the mere disclosure of the settlement to the plaintiff’s daughter was a breach of the agreement. Therefore, the court reversed.

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