Wallace v. Townsell, 83-1785
| Decision Date | 27 June 1985 |
| Docket Number | No. 83-1785,83-1785 |
| Parties | 10 Fla. L. Weekly 1606 Margaret WALLACE, Appellant, v. George TOWNSELL, Appellee. |
| Court | Florida District Court of Appeals |
Barry R. Nager, Orlando, for appellant.
Norman D. Zimmerman, Pompano Beach, for appellee.
A grantor (Townsell) filed an action to cancel a deed. The grantee (Wallace) alleged she had made improvements to the land in question. By final judgment dated May 25, 1973, the court cancelled the deed and held the grantee was entitled to recover the value of her improvements. Rather than determining the value of the improvements the court deferred that matter until the grantee could satisfy the grantor's counsel or the court at a subsequent hearing. 1 In August, 1975, the parties entered into an agreement "as a resolution of the remaining issues in this case." The parties submitted the agreement to the court which on August 25, 1975, entered judgment "in accordance with" the settlement agreement and ordered the parties to abide by its terms and conditions. Under the agreement if the grantee cleared the title to a certain part of the property and conveyed it to the grantor within ninety days the grantor would convey all of the remainder of the property to the grantee. If the grantee did not perform within ninety days the grantor agreed to pay the grantee $3,500 which the grantee agreed to accept in termination of all of the grantee's rights in the pending controversy.
In January, 1977, the grantor filed a motion alleging that the grantee had not performed and requesting the court to order compliance with the order of August 25, 1975. By order dated January 31, 1977, the court ordered compliance with the order of August 25, 1975, and also issued an order for the grantee to show cause why she should not be held in contempt. On March 30, 1978, the court extended until April 25, 1978, the time for the grantee to comply with the order of August 25, 1975. By order dated April 25, 1978, the court again extended until May 9, 1978, the time for the grantee to comply with the order of March 30, 1978. In July, 1980, the grantee moved, and on October 14, 1980, the court ordered, the grantor to show cause why he should not be held in contempt for failure to deliver a deed pursuant to the order of August 25, 1975.
In June, 1982, the grantee moved the court to compel the grantor to give her a deed. The grantor offered to pay the grantee $3,500. Obviously the parties were in a dispute as to who had first breached the settlement agreement. By order dated October 24, 1983, the trial court held that the orders of August 25, 1975, and March 30, 1978, were void because the court lacked jurisdiction to enter them and the court further adjudicated that the grantee was entitled to an accounting to determine the sums due her under the final judgment of May 25, 1973. The grantee appeals.
While denoted a "final judgment," the order of May 25, 1973, was not a true final judgment in that it left unresolved for future judicial labor the issue of the value of the improvements made by the grantee.
The parties to a civil action have the right to settle the controversy between them by agreement at any time and an agreement settling all issues in the case is binding not only upon the parties but also upon the court.
The parties accepted the covenants contained in their settlement agreement in lieu of a judicial resolution of the one remaining issue in litigation. This they had the right to do. While the parties could have viewed their settlement agreement as an accord and satisfaction and full resolution of the pending cause and...
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