J. H. ADAMS, CARSON BRADFORD, BEN T. COSTELLO, W. R. MOORE, T. C. GRAY, AND BISCAYNE KENNEL CLUB, INC.,
v.
J. W. GALLOWAY, LOUISE DEMAN AND A. T. BRADBURY, FOR AND ON BEHALF OF THEMSELVES AND ON BEHALF OF THE BISCAYNE KENNEL CLUB, INC., ETC.
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The Florida Supreme Court vacated lower court orders and remanded the case after the parties reached a settlement, approving their stipulation as a lawful resolution of the controversy.
Yes, the stipulation is a lawful and proper settlement of the controversy, and the court should effectuate its terms.
“the appellants and appellees have amicably adjusted and settled the controversy involved in the appeal, subject to the terms and conditions of the aforesaid stipulation”
Establishes the basis for the court's decision: a settlement between the parties.
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Join FLexlaw to unlock all legal intelligenceThe parties involved in an appeal amicably adjusted and settled the controversy that was the subject of the appeal. They submitted a stipulation to th…
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This cause coming on now to be heard upon the stipulation of the parties of record to the appeal herein and it appearing from said stipulation duly signed and filed in this Court that the appellants and appellees have amicably adjusted and settled the controversy involved in the appeal, subject to the terms and conditions of the aforesaid stipulation, and it appearing to the Court that said stipulation is in all respects a lawful and proper settlement of the controversy involved in this appeal, and that being consented to by the parties, it should be put into effect by an appropriate decree embracing the terms, conditions, provisions and agreements in said stipulation contained.
It is thereupon considered, ordered and adjudged by this Court that the decrees and orders herein appealed from be and the same are hereby severally vacated and that this cause be and the same is hereby remanded to the Circuit Court for Dade County, Florida, with directions to enter a final decree in said cause in conformity with and carrying into effect the terms and conditions of the stipulation herein before mentioned, all of which shall be certified to the said circuit court, together with the mandate of this Court hereon.
Davis, C. J.,.and Whitfield, Terrell and Buford, J. J., concur.'
Cases With Similar Vibessemantic neighbors from the corpus
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Burgwin v. Bertie Gennett Parses Stewart, Jr., 132 Fla. 899 (Fla. 1938)…he stipulation hereinbefore mentioned, all of which shall be certified to the said . Circuit Court, together with the mandate of this court herein. This order is entered on authority of the-opinion in the case of Adams, et al., v. Galloway, et al., 115 Fla. 166, 155 So. 96. Wi-iitfield, Brown, Buford and Chapman, J. J., concur.…
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Schlitz v. Schlitz, 138 So. 2d 806 (Fla. 3d DCA 1962)…d cause in conformity with and carrying into effect the terms and conditions of the stipulation hereinbefore mentioned, all of which shall be certified to the said Circuit Court, together with the mandate of this court herein. See Adams v. Galloway, 115 Fla. 166, 155 So. 96. Remanded with directions.…
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Eagle Forum v. State, 121 So. 3d 49 (Fla. 1st DCA 2013)…urt at common law took an entirely different approach by routinely ordering that trial court orders be vacated on appeal pursuant to the parties’ stipulations. See Burgwin v. Stewart, 132 Fla. 899, 182 So. 297 [*50] (1938) (citing Adams v. Galloway, 115 Fla. 166, 155 So. 96, 96 (1934)); Adams, 155 So. at 96. The accepted protocol was to adopt the parties’ stipulation and order that the “decrees and orders ... appealed from” be “severally vacated” as well as require the trial court to enter a final decree th…