Summary
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
Summary of this case from East Co. Water Ctrl. Dist. v. Lee CtyOpinion
No. 88-2530.
June 16, 1989. Rehearing Denied July 20, 1989.
Appeal from the Circuit Court, Leon County, William L. Gary, J.
James B. Curasi, Tallahassee, for appellants.
C. Everett Boyd, Jr. of Ervin, Varn, Jacobs, Odom Ervin, Tallahassee, for appellee.
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)(1)(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.