SARAH FRANCES SNIPES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-03-06
No. 90-0292
HERSEY, C.J., and LETTS and POLEN, JJ., concur.
575 So. 2d 326 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is affirmed except for the award of costs. It is necessary to remand this cause to the trial court for notice and a hearing in accordance with Jenkins v. State, 444 So. 2d 947 (Fla.1984).

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

HERSEY, C.J., and LETTS and POLEN, JJ., concur.


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  • Sec. Prof'ls, Inc. v. Segall, 685 So. 2d 1381 (Fla. 4th DCA 1997)
    …n, 471 So. 2d 585, 587 (Fla. 4th DCA 1985), review denied, 484 So. 2d 7 (Fla.1986). As a general rule, parties that are not included in a stipulation for settlement cannot be bound by its provisions. See Video Super Stores of Am., Inc. v. Mastriana, 575 So. 2d 326, 326 (Fla. 4th DCA 1991). This general rule does not conflict with the principle that there is an “organic right of parties to contract a settlement, which by definition concludes all claims unless the contract of settlement specifies otherwise.” Un…
  • Ahern v. Odyssey RE (London) Ltd., 788 So. 2d 369 (Fla. 4th DCA 2001)
    …overage to her claim. The instant appeal followed. The Refusal to Enforce Ahern’s Consent Judgment Ordinarily, one who is not a party to a settlement agreement cannot be [*372] bound by its terms. See Video Super Stores of Am., Inc. v. Mastriana, 575 So. 2d 326, 326 (Fla. 4th DCA 1991); see also Sec. Prof'ls, Inc. ex rel. Paikin v. Segall, 685 So. 2d 1381 (Fla. 4th DCA), review denied, 700 So. 2d 687 (Fla.1997). An exception to this rule applies where, as here, an insurer wrongfully refuses to defend its i…
  • Tunison v. Bank OF Am., N.A., 144 So. 3d 588 (Fla. 2d DCA 2014)
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