Melfi Construction, Inc. v. Coastal Theaters, Inc.

District Court of Appeal of Florida

Melfi Construction, Inc. v. Coastal Theaters, Inc.

279 So. 2d 341, 1973 Fla. App. LEXIS 7978

CourtDistrict Court of Appeal of Florida

DecidedJune 27, 1973

DocketNo. 72-355

StatusPublished

Cited by2 cases

This text of 279 So. 2d 341 (Melfi Construction, Inc. v. Coastal Theaters, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Melfi Construction, Inc. v. Coastal Theaters, Inc., 279 So. 2d 341, 1973 Fla. App. LEXIS 7978 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

This is an appeal from a final judgment of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The final judgment was entered in favor of the defendant on its counterclaim. There was no evidentiary basis to support the final judgment which was an apparent attempt to enforce what the appellee here, defendant below, characterizes as a stipulation for settlement. In our opinion, the so-called stipulation provided no evidentiary or other basis for [342]*342the final judgment for several reasons. In the first place, it appears that the stipulated method for settling the cause was-abandoned by the parties. Secondly, the stipulation was unenforceable for failure to conform with Rule 1.030(d), RCP, 30 F.S.A. Finally, it appears that the final judgment ignored certain of the provisions in the stipulation which provided a credit in favor of the plaintiff. For the foregoing reasons, the final judgment is reversed and the cause is remanded to the trial court with instructions to afford the parties a trial on the issues raised by the pleadings, without regard to the stipulation agreement.

REED, C. J., and WALDEN and OWEN, JJ., concur.

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PER CURIAM.

This is an appeal from a final judgment of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The final judgment was entered in favor of the defendant on its counterclaim. There was no evidentiary basis to support the final judgment which was an apparent attempt to enforce what the appellee here, defendant below, characterizes as a stipulation for settlement. In our opinion, the so-called stipulation provided no evidentiary or other basis for [342]*342the final judgment for several reasons. In the first place, it appears that the stipulated method for settling the cause was-abandoned by the parties. Secondly, the stipulation was unenforceable for failure to conform with Rule 1.030(d), RCP, 30 F.S.A. Finally, it appears that the final judgment ignored certain of the provisions in the stipulation which provided a credit in favor of the plaintiff. For the foregoing reasons, the final judgment is reversed and the cause is remanded to the trial court with instructions to afford the parties a trial on the issues raised by the pleadings, without regard to the stipulation agreement.

REED, C. J., and WALDEN and OWEN, JJ., concur.

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279 So. 2d 341, 1973 Fla. App. LEXIS 7978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melfi-construction-inc-v-coastal-theaters-inc-fladistctapp-1973.

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