surplusage to a statutory offer of settlement which does not render that offer unenforceable, I do not agree that a general release is surplusage to every settlement agreement. To the contrary, neither a dismissal with prejudice nor a final judgment entitles a party to a general release. While the doctrine of res judicata provides protection from re-litigation of the same claims, it will not, as will a general release, protect the parties from subsequent claims, whether anticipated or unforeseen. A general release can, therefore, have value separate and apart from that naturally occurring in a dismissal or judgment upon settlement. See Codina, 732 So.2d 364, 367 (Fla. 3d DCA 1999) (Cope, J., specially concurring); see also Cheverie v. Geisser, 783 So.2d 1115, 1119 (Fla. 4th DCA 2001) (<HOLDING>); Grimsley v. Inverrary Resort Hotel, Ltd,.,
holding that mutual mistake as to essential element of plea agreement can invalidate entire agreement holding that even though an agreement was approved by the family court it retained its character as an agreement for purposes of legal analysis holding that where one party had received a written agreement and conformed his conduct to that agreement for an extended period of time but failed to sign the agreement he was equitably estopped from denying the validity of the agreement holding that failure to instruct on an essential element was harmless error because the element was so clearly established holding that where the parties fail to reach an agreement as to the character nature or type of release to be used an essential element of the agreement is not established