BROADBAND ENGINEERING, INC., APPELLANT,
v.
QUALITY RF SERVICES, INC., AND FRED ROGERS, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court retains inherent jurisdiction to enforce the terms of a settlement agreement embodied in a stipulation of dismissal, even without express reservation of jurisdiction.
A trial court possesses inherent jurisdiction to enforce the provisions of a stipulation of dismissal without an express reservation of such jurisdiction.
[1] A trial court retains inherent jurisdiction to enforce the terms of a stipulation of dismissal and the judgment entered thereon, even without express reservation of juris…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“even without an express reservation thereof, jurisdiction inherently remains in the trial court to make such orders as may be necessary to enforce its judgment”
Buckley Towers Condominium, Inc. v. Buchwald, cited as directly on point for the principle that trial courts retain inherent enforcement jurisdiction
The parties executed a three-page signed stipulation of dismissal with prejudice, which the trial court approved and incorporated into its dismissal o…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inherent Jurisdiction cases and more on FLexlaw
PER CURIAM.
The parties to this appeal participated in litigation that produced a three-page, signed document entitled, “Stipulation of Dismissal with Prejudice.” The trial court reviewed the stipulation and then entered an order of dismissal which reflected that the court had reviewed the stipulation together with other documents in the court file and that the action was being “dismissed with prejudice based upon the facts so stipulated to between the parties herein.”
Shortly thereafter, appellant filed a motion for contempt and temporary restraining order which, in essence, asked the court to enforce specified provisions in the stipulation of dismissal. The court declined on the ground that it lacked jurisdiction. We respectfully disagree.
Buckley Towers Condominium, Inc. v. Buchwald, 321 So. 2d 628 (Fla. 3d DCA 1975), is directly on point. It holds that “even without an express reservation thereof, jurisdiction inherently remains in the trial court to make such orders as may be necessary to enforce its judgment.” Id. at 629. To adopt appellees’ contention that appellant’s only recourse is to file a second lawsuit would substantially undermine the policy favoring settlements and, indeed, would make a mockery of the legal process. Accordingly, the order on appeal is
REVERSED.
GLICKSTEIN, HURLEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
MCR Funding & Mortg. Cap. Res. Corp. v. CMG Funding Corp., 771 So. 2d 32 (Fla. 4th DCA 2000)…t agreement. In this scenario, there is no doubt that the court has the power to rule on the motion since a court has inherent and continuing power to enforce its own orders. For instance, in Broadband Engineering, Inc. v. Quality RF Services, Inc., 450 So. 2d 600 (Fla.4th DCA 1984), this court wrote The parties to this appeal participated in litigation that produced a three-page, signed document entitled, “Stipulation of Dismissal with Prejudice.” The trial court reviewed the stipulation and then entered an…
-
Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988)…jurisdiction is necessary as a prerequisite to seeking reimbursement because it is simply a matter of enforcement and a court always has jurisdiction to enforce its orders and judgments. See Broadband Engineering, Inc. v. Quality RF Services, Inc., 450 So. 2d 600 (Fla. 4th DCA 1984). That being so, there is no impediment to affording relief to appellant. [*1021] We reverse and remand for entry of an order consistent with this opinion. REVERSED AND REMANDED. DOWNEY, GLICKSTEIN and WALDEN, JJ., concur. LETT…
-
Giuffre v. Edwards, 226 So. 3d 1034 (Fla. 4th DCA 2017)…s exceptions to this deprivation of jurisdiction, including those enumerated in Florida Rule of Civil Procedure 1.540 and jurisdiction to enforce a final judgment or stipulation of dismissal, Broadband Engineering, Inc. v. Quality RF Services, Inc., 450 So. 2d 600, 601 (Fla. 4th DCA 1984). [*1038] Pertinent to the issue.at hand, even after resolution of a lawsuit by way of final judgment or stipulation of dismissal, the trial court retains jurisdiction to resolve “collateral matters such as taxation of costs…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Buckley Towers Condo., Inc. v. Buchwald, 321 So. 2d 628 (Fla. 3d DCA 1975)