Dixie Operating Co. v. Exxon Co., U. S. A.

District Court of Appeal of Florida

Dixie Operating Co. v. Exxon Co., U. S. A.

524 So. 2d 1131, 13 Fla. L. Weekly 1136, 1988 Fla. App. LEXIS 1963, 1988 WL 47246

District Court of Appeal of Florida·Decided May 12, 1988·No. Nos. BJ-358, BE-318·Published

Opinion

PER CURIAM.

The factual setting for these consolidated appeals is set out in the opinion remanding BJ-358 to the trial court for specific determinations with respect to whether the alleged settlement agreement between the [1132] parties should be enforced, and staying the appeal in BE-318 pending disposition of BJ-358. Dixie Operating Company v. Exxon Company, U.S.A., 493 So.2d 61 (Fla. 1st DCA 1986).

On August 12, 1987, the trial court’s order determining that the settlement agreement was not enforceable was filed with this Court. On April 1, 1988, a per curiam affirmance was issued which was inadvertently styled BE-318, but was intended to affirm the orders appealed in both cases. This discrepancy was pointed out in Exxon Company’s motion for rehearing.

The per curiam opinion in BE-318 is hereby vacated. The trial court’s order denying Dixie Operating Company’s petition to enforce the settlement agreement and the final summary judgment in favor of Dixie Operating Company are both AFFIRMED.

SMITH, C.J., and WENTWORTH and BARFIELD, JJ., concur.

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PER CURIAM.

The factual setting for these consolidated appeals is set out in the opinion remanding BJ-358 to the trial court for specific determinations with respect to whether the alleged settlement agreement between the [1132] parties should be enforced, and staying the appeal in BE-318 pending disposition of BJ-358. Dixie Operating Company v. Exxon Company, U.S.A., 493 So.2d 61 (Fla. 1st DCA 1986).

On August 12, 1987, the trial court’s order determining that the settlement agreement was not enforceable was filed with this Court. On April 1, 1988, a per curiam affirmance was issued which was inadvertently styled BE-318, but was intended to affirm the orders appealed in both cases. This discrepancy was pointed out in Exxon Company’s motion for rehearing.

The per curiam opinion in BE-318 is hereby vacated. The trial court’s order denying Dixie Operating Company’s petition to enforce the settlement agreement and the final summary judgment in favor of Dixie Operating Company are both AFFIRMED.

SMITH, C.J., and WENTWORTH and BARFIELD, JJ., concur.

Dixie Operating Co. v. Exxon Co., U. S. A., 524 So. 2d 1131, 13 Fla. L. Weekly 1136, 1988 Fla. App. LEXIS 1963, 1988 WL 47246 (Fla. Ct. App. 1988).

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524 So. 2d 1131 (Dixie Operating Co. v. Exxon Co., U. S. A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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