MELFI CONSTRUCTION, INC., APPELLANT,
v.
COASTAL THEATERS, INC., APPELLEE

Fla. 4th DCA | 1973-06-27
No. 72-355
REED, C. J., and WALDEN and OWEN, JJ., concur.
279 So. 2d 341 Florida District Court of Appeal, Fourth District (1973) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final judgment of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The final judgment was entered in favor of the defendant on its counterclaim. There was no evidentiary basis to support the final judgment which was an apparent attempt to enforce what the appellee here, defendant below, characterizes as a stipulation for settlement. In our opinion, the so-called stipulation provided no evidentiary or other basis for *342the final judgment for several reasons. In the first place, it appears that the stipulated method for settling the cause was-abandoned by the parties. Secondly, the stipulation was unenforceable for failure to conform with Rule 1.030(d), RCP, 30 F.S.A. Finally, it appears that the final judgment ignored certain of the provisions in the stipulation which provided a credit in favor of the plaintiff. For the foregoing reasons, the final judgment is reversed and the cause is remanded to the trial court with instructions to afford the parties a trial on the issues raised by the pleadings, without regard to the stipulation agreement.

REED, C. J., and WALDEN and OWEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Merdis Moore and Nathan Moore v. Gunning, 328 So. 2d 462 (Fla. 4th DCA 1976)
    …RCP was held to render unenforceable an out-of-court settlement agreement which had not been subscribed by the party or his attorney against whom the agreement was alleged. In another recent case, Melfi Construction, Inc. v. Coastal Theaters, Inc., 279 So. 2d 341 (4th DCA Fla.1973), it was recognized that an out-of-court oral stipulation for settlement was unenforceable for failure to conform with this rule. The out-of-court oral settlement agreement was unenforceable and the judgment entered in favor of ap…
  • Davies v. Canco Enters., 350 So. 2d 23 (Fla. 3d DCA 1977)
    …An agreement entered into in a lawsuit between the parties or their attorneys which does not conform with these ' formalities is unenforceable. Alaimo v. Tirone, 297 So. 2d 584 (Fla. 3d DCA 1974). Melfi Construction, Inc. v. Coastal Theaters, Inc., 279 So. 2d 341 (Fla. 4th DCA 1973). The stipulation and settlement agreement involved in this case was incorporated into the transcript of a deposition which was never signed by the parties or their respective attorneys and in which the proper signatures were not…

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