ROBIN KHATIB, APPELLANT,
v.
MARK DAVID WYATT AND NATIONSRENT, APPELLEES

Fla. 4th DCA | 2009-01-05
No. 4D08-2316
Gross, C.J., Klein, J., Hazouri, J.
998 So. 2d 673 Florida District Court of Appeal, Fourth District (2009)

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Synopsis

The court reversed an order requiring transfer of escrowed settlement funds to the court registry because the funds were no longer subject to pending litigation and the claimants lacked standing as non-parties to the settlement agreement.


Holding

A trial court lacks authority to order transfer of escrowed settlement funds to the court registry when the funds are no longer the subject of pending litigation and the claimants seeking the funds were not parties to the settlement agreement and were not granted intervenor status.


Headnotes

[1] A trial court lacks jurisdiction to order transfer of escrowed settlement funds to the court registry when the funds are no longer the subject of pending litigation and t…

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Facts & Procedural History

Robin Khatib settled a personal injury case with Nationsrent in November 2006 pursuant to a written settlement agreement that provided for a portion o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Robin Khatib and Nationsrent were before the trial court in November 2006. What resulted was a written settlement agreement of a personal injury case, along with disbursement terms. Relevant to this appeal is that a portion of the funds were to be held in Khatib’s attorney’s escrow account. A Final Order of Dismissal was entered with the distribution order. The court did not retain jurisdiction to enforce any terms. Paulucci v. Gen. Dynamics Corp., 842 So. 2d 797 (Fla.2003).

At issue in this case is an order requiring the transfer of the escrowed funds into the court registry. This resulted when Advanced Solutions and Fast Funds claimed an interest in the funds. We treat the petition for writ of prohibition as an appeal and reverse. The escrowed funds were no longer the subject of litigation pending before the trial court. See generally, Vance Realty Group, Inc. v. Park Place at Metrowest, Phases Six and Seven, Ltd., 909 So. 2d 516 (Fla. 5th DCA 2005). Also, the record reveals that neither Advantage Solutions nor Fast Funds was a party to the underlying action or the settlement agreement. Significantly, neither entity was granted intervenor status. E. County Water Control Dist. v. Lee County, 884 So. 2d 93 (Fla. 2d DCA 2004).

We reverse and remand for further proceedings consistent with this opinion.

GROSS, C.J., KLEIN and HAZOURI, JJ., concur.


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