JAMES E. THOMPSON, E. JACKSON BOGGS AND J. BOB HUMPHRIES, APPELLANTS,
v.
MURRAY WEISS, CONSOLIDATED CAPITAL CORPORATION AND SKYWAY DEVELOPMENT CORPORATION, APPELLEES
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The court reversed the trial court's order granting relief from a settlement judgment, holding that the Dade County court lacked authority to interfere with a settlement stipulation approved in the Hillsborough County action.
A circuit court in one county lacks authority to entertain a motion for relief from a settlement judgment that was approved and entered in another county's circuit court.
[1] A circuit court lacks authority to entertain a motion for relief from a settlement judgment approved and entered in another county's circuit court.
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Join FLexlaw to unlock all legal intelligenceThe parties settled two related actions—one in Dade County Circuit Court and one in Hillsborough County Circuit Court. The settlement was reduced to w…
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PER CURIAM.
We reverse the trial court’s order granting relief as to a previous settlement related judgment ostensibly pursuant to Rule 1.540(b)(5), Florida Rules of Civil Procedure. The parties, through their counsel, had settled matters that related to two actions; one in the Dade County Circuit Court and one in the Hillsborough County Circuit Court. The settlement was reduced to writing and approved in the Hillsbor-ough action. Pursuant to the settlement, $1,365,536.41 was to be paid, a part of which sum was distributed to the appellees and $1,000,000.00 was placed in control of the Hillsborough County Circuit Court. Thereafter the Dade County action was dismissed pursuant to the terms of the stipulation. The Dade County Circuit Court was without authority to interfere with the stipulation entered into by the parties in the Hillsborough action. Smiles v. Young, 271 So. 2d 798 (Fla. 3d DCA 1973) cert. denied, 279 So. 2d 305 (Fla.1973). It is also doubtful if the trial court was correct in entertaining the proceeding pursuant to Rule 1.540(b)(5), Florida Rules of Civil Procedure; Miller v. Fortune Insurance Co., 484 So. 2d 1221 (Fla.1986). The proper place to seek relief from the Hillsborough circuit court order approving the settlement was in that court.
Therefore, for the reasons above stated, we remand the cause to the Circuit Court for the Eleventh Judicial Circuit, in and for Dade County, with directions to reinstate the judgment of dismissal dated March 4, 1986, entered pursuant to the settlement agreement.
Reversed and remanded with directions.
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Citator
Cited By
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SUN Microsystems OF Cal., Inc. v. Eng'g & Mfg. Sys., 682 So. 2d 219 (Fla. 3d DCA 1996)…ction to enforce the settlement agreement, it obviously follows that the appropriate forum for the defendant to resolve any dispute with the plaintiff regarding the settlement agreement is the Dade County Circuit [*221] Court. See Thompson v. Weiss, 516 So. 2d 988 (Fla. 3d DCA 1987) (holding that where parties brought two actions, and settlement was approved by circuit court of first county, circuit court of second county was without authority to interfere with stipulation entered into by parties in first cou…
Authorities Cited
- Miller v. Fortune Ins. Co., 484 So. 2d 1221 (Fla. 1986)
- Smiles v. Young, 271 So. 2d 798 (Fla. 3d DCA 1973)
- Young v. Smiles, 279 So. 2d 305 (Fla. 1973)
- Gross v. Plastiline, Inc., 279 So. 2d 305 (Fla. 1973)