IRA J. SANDS D/B/A VIDEO FILM CENTER ASSOCIATES, APPELLANT,
v.
JEANETTE GRANOFF, APPELLEE
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The trial court was obligated to enforce its final judgment based on a stipulation of settlement, and the defendant cannot resist enforcement based on a prior alleged accord and satisfaction.
The parties entered into a stipulation of settlement which resulted in a final judgment. The defendant appealed an order enforcing this judgment, argu…
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PER CURIAM.
This is an interlocutory appeal by the defendant Ira J. Sands d/b/a Video Film Center Associates from an order which enforces a final judgment entered upon a stipulation of settlement between the parties. We affirm.
The defendant’s central contention on appeal is that the trial court was precluded from enforcing the final judgment based on the stipulated settlement because, prior to the entry of said judgment, the parties reached another alleged accord and satisfaction, not reflected by the stipulated settlement, which settled all claims between the parties. We cannot agree. The defendant has never sought to set aside the stipulated final judgment below based on this new alleged accord and satisfaction and cannot now resist its enforcement on the ground that the judgment should never have been entered in the first instance. Plainly, the trial court was obligated to enforce its final judgment and that is exactly what it did in the order under review. See Scharf v. Smith, 498 So. 2d 686, 687 (Fla. 3d DCA 1986); City of Miami Beach v. Cummings, 251 So. 2d 715, 716-17 (Fla. 3d DCA 1971), cert. discharged, 263 So. 2d 571 (Fla.1972); Superior Uniforms, Inc. v. Brown, 221 So. 2d 214, 215 (Fla. 3d DCA 1969).
We have not overlooked the remaining points urged by the defendant, but find that none merit a reversal. See Hannah v. James A. Ryder Corp., 380 So. 2d 507, 510 (Fla. 3d DCA 1980); Buckley Towers Condominium, Inc. v. Buchwald, 321 So. 2d 628, 629-30 (Fla. 3d DCA 1975), appeal dismissed, 330 So. 2d 15 (Fla.1976); § 95.-11(1), Fla.Stat. (1985); see also Gaines v. Nortrust Realty Management, Inc., 422 So. 2d 1037, 1039 (Fla. 3d DCA 1982) (court-approved settlement agreements governed and interpreted using contract law principles). The interlocutory order appealed from is therefore, in all respects,
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gallagher v. Dupont, 918 So. 2d 342 (Fla. 5th DCA 2005)…red into a stipulation for settlement and consented to the entry of judgment. Although a judgment may be entered pursuant to a settlement, once the judgment is entered, its enforceability is not tied to the terms of the settlement. Sands v. Granoff, 508 So. 2d 543 (Fla. 3d DCA 1987). In Sands, the trial court was not precluded from enforcing a final judgment based on a stipulated [*347] settlement, despite the contention that, prior to entry of judgment, the parties changed their agreement and reached an acco…
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State Farm Mut. Auto. Ins. Co. v. Statsick, 231 So. 3d 528 (Fla. 2d DCA 2017)…5 See Gallagher v. DuPont, 918 So. 2d 342, 346 (Fla. 5th DCA 2005) (“Although a judgment may be entered pursuant to a settlement, once the judgment is entered, its enforceability is not tied to the terms of the settlement.” (citing Sands v. Granoff, 508 So. 2d 543 (Fla. 3d DCA 1987))); cf. Livingston v. Frank, 150 So. 3d 239, 244 (Fla. 2d DCA 2014) (holding that res judi-cata barred a subsequent claim related to the subject of a takings case that had been resolved by way of stipulated judgment). The stipulate…
Authorities Cited
- Buckley Towers Condo., Inc. v. Buchwald, 321 So. 2d 628 (Fla. 3d DCA 1975)
- Gaines v. Nortrust Realty Mgmt., Inc., 422 So. 2d 1037 (Fla. 3d DCA 1982)
- Hannah v. James A. Ryder Corp., 380 So. 2d 507 (Fla. 3d DCA 1980)
- Superior Uniforms, Inc. v. Brown, 221 So. 2d 214 (Fla. 3d DCA 1969)
- Malloy v. State, 251 So. 2d 715 (Fla. 2d DCA 1971)
- Cummings v. City OF Miami Beach, 263 So. 2d 571 (Fla. 1972)
- Scharf v. Smith, 498 So. 2d 686 (Fla. 3d DCA 1986)