OCEANAIR OF FLORIDA, INC. AND OCEANAIR EQUIPMENT, INC., APPELLANTS,
v.
BEECH ACCEPTANCE CORPORATION, APPELLEE

Fla. 1st DCA | 1989-06-16
No. 88-2530
SMITH, C.J., THOMPSON and MINER, JJ., concur.
545 So. 2d 443 Florida District Court of Appeal, First District (1989) Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

When the parties executed and filed with the court a joint stipulation for dismissal, with prejudice, the litigation between the parties was terminated instantaneously and the trial court was without jurisdiction to thereafter act upon appellants’ motion for default of the parties’ settlement agreement. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla.1978); Rule 1.420(a)(l)(ii), Fla. R.Civ.P. Appellants are not barred by the doctrine of res judicata from filing a separate action to enforce the settlement agreement. 32 Fla.Jur.2d, Judgments and Decrees, § 96, 131.

AFFIRMED.

SMITH, C.J., THOMPSON and MINER, JJ., concur.

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  • 84 Lumber Co. v. Cooper, 656 So. 2d 1297 (Fla. 2d DCA 1994)
    …trial court of any subject matter jurisdiction to adjudicate any future issues arising in that case, including Cooper’s motion to determine the amount 84 Lumber was entitled to be reimbursed. See Oceanair of Florida, Inc. v. Beech Acceptance Corp., 545 So. 2d 443 (Fla. 1st DCA 1989) (filing of joint stipulation for dismissal with prejudice terminated litigation instantaneously so that trial court was without jurisdiction to act upon party’s motion for default of settlement agreement). The fact that the tria…
  • Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989)
    …te, however, that assessment of statutory and court costs as a condition of probation, absent adequate notice and a judicial determination of ability to pay, is erroneous. See Clarke v. State, 544 So. 2d 350 (Fla. 1st DCA 1989); Washington v. State, 545 So. 2d 443 (Fla. 1st DCA 1989). Reversed and remanded with directions. SHIVERS, C.J., and ERVIN, J., concur.…
  • E. Cnty. Water Control Dist. v. LEE Cnty., 884 So. 2d 93 (Fla. 2d DCA 2004)
    …early can have subject matter jurisdiction over this type of dispute, it has no jurisdiction to hear a new claim brought within a case that has been terminated by a dismissal with prejudice. See also Oceanair of Fla., Inc. v. Beech Acceptance Corp., 545 So. 2d 443 (Fla. 1st DCA 1989) (filing of joint stipulation for dismissal with prejudice terminated litigation instantaneously so that trial court was without jurisdiction to act upon party’s motion for default of settlement agreement). Lee County’s intervent…

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