Oceanair of Florida, Inc. v. Beech Acceptance Corp., 88-2530
| Decision Date | 16 June 1989 |
| Docket Number | No. 88-2530,88-2530 |
| Citation | 545 So.2d 443,14 Fla. L. Weekly 1449 |
| Parties | 14 Fla. L. Weekly 1449 OCEANAIR OF FLORIDA, INC. and Oceanair Equipment, Inc., Appellants, v. BEECH ACCEPTANCE CORPORATION, Appellee. |
| Court | Florida District Court of Appeals |
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.
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