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Broadband Eng'g, Inc. v. Quality RF Services, Inc.

Broadband Eng'g, Inc. v. Quality RF Servs., Inc., 450 So. 2d 600 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 30, 1984
Docket
No. 83-1454
Judges
Per Curiam
Citations
450 So. 2d 600
Cited by 17 2 descriptions by later courts

Opinion — Per Curiam

450 So.2d 600 (1984)

BROADBAND ENGINEERING, INC., Appellant,

v.

QUALITY RF SERVICES, INC., and Fred Rogers, Appellees.

No. 83-1454.

District Court of Appeal of Florida, Fourth District.

May 30, 1984.

Schuler & Wilkerson, P.A., and Edna L. Caruso, P.A., West Palm Beach, for appellant.

Kenneth J. Scherer of Cohen, Scherer & Cohn, P.A., North Palm Beach, for appellees.

PER CURIAM.

The parties to this appeal participated in litigation that produced a three-page, signed document entitled, "Stipulation of Dismissal with Prejudice." The trial court reviewed the stipulation and then entered an order of dismissal which reflected that the court had reviewed the stipulation together with other documents in the court file and that the action was being "dismissed with prejudice based upon the facts *601 so stipulated to between the parties herein."

Shortly thereafter, appellant filed a motion for contempt and temporary restraining order which, in essence, asked the court to enforce specified provisions in the stipulation of dismissal. The court declined on the ground that it lacked jurisdiction. We respectfully disagree.

Buckley Towers Condominium, Inc. v. Buchwald, 321 So.2d 628 (Fla. 3d DCA 1975), is directly on point. It holds that "even without an express reservation thereof, jurisdiction inherently remains in the trial court to make such orders as may be necessary to enforce its judgment." Id. at 629 . To adopt appellees' contention that appellant's only recourse is to file a second lawsuit would substantially undermine the policy favoring settlements and, indeed, would make a mockery of the legal process. Accordingly, the order on appeal is

REVERSED.

GLICKSTEIN, HURLEY and DELL, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 17 cases

View all citing references →
1986: 11988: 31989: 11991: 11992: 11994: 11995: 11996: 22000: 22016: 12017: 12025: 12026: 119862026peak 1988 · 3

Relies on it most ⓘ

  1. MCR FUNDING v. CMG Funding Corp.771 So. 2d 32 (Fla. Dist. Ct. App. 2000)
  2. Brandt v. Brandt525 So. 2d 1017 (Fla. Dist. Ct. App. 1988)
  3. Naghtin v. Jones by and Through Jones680 So. 2d 573 (Fla. Dist. Ct. App. 1996)
  4. SUN MICROSYSTEMS OF CALIFORNIA, INC. v. Engineering & Mfg. Systems, CA682 So. 2d 219 (Fla. Dist. Ct. App. 1996)
  5. Jared v. Jackson483 So. 2d 51 (Fla. Dist. Ct. App. 1986)
  6. VIRGINIA GIUFFRE v. BRADLEY J. EDWARDS226 So. 3d 1034 (Fla. Dist. Ct. App. 2017)

Most recent

  1. Ashley Julia v. Inspira Medical Centers, Inc.No. A-0555-25 (N.J. Super. Ct. App. Div. May 29, 2026)
  2. Gladys Novoson v. Del Vista Condominium Association, Inc.No. 3D2023-1918 (Fla. Dist. Ct. App. Jan. 2, 2025)
  3. VIRGINIA GIUFFRE v. BRADLEY J. EDWARDS226 So. 3d 1034 (Fla. Dist. Ct. App. 2017)
  4. Fried v. Guardianship of Fried190 So. 3d 686 (Fla. Dist. Ct. App. 2016)
  5. MCR FUNDING v. CMG Funding Corp.771 So. 2d 32 (Fla. Dist. Ct. App. 2000)
  6. Timber Ridge Joint Venture v. Mustapick758 So. 2d 1277 (Fla. Dist. Ct. App. 2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Buckley Towers Condo., Inc. v. Buchwald, 321 So. 2d 628 (Fla. Dist. Ct. App. 1975) 26

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