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Metropolitan Dade County v. Edol Corp.

District Court of Appeal of Florida, Third District
Oct 18, 1995
661 So. 2d 422 (Fla. Dist. Ct. App. 1995)

Summary

enforcing similar agreement

Summary of this case from Metropolitan Dade County v. Fonte

Opinion

No. 95-506.

October 18, 1995.

An Appeal from a non-final order from the Circuit Court for Dade County, Herbert M. Klein, Judge.

Robert A. Ginsburg, County Attorney, and Thomas H. Robertson, Assistant County Attorney, for appellant.

Elizabeth A. De Leeuw, for appellee.

Before BARKDULL, GODERICH and GREEN, JJ.

BARKDULL, J., participated in the decision, but not in oral argument.


We find that the trial court had jurisdiction to enforce the parties' agreed order and the court-approved settlement agreement. BAC Int'l Credit Corp. v. Macia, 626 So.2d 1037 (Fla. 3d DCA 1993); Cadle Co. v. Schecter, 602 So.2d 984 (Fla. 3d DCA 1992); Buckley Towers Condominium v. Buchwald, 321 So.2d 628 (Fla. 3d DCA 1975), appeal dismissed, 327 So.2d 31 (Fla.), and appeal dismissed, 330 So.2d 15 (Fla. 1976). Therefore, we affirm the trial court's entry of a non-final order enforcing the parties' agreed order and court-approved settlement agreement and finding that the defendant, Edol Corporation [Edol], had failed to comply with the provisions of the agreed order and the settlement agreement.

However, based on the trial court's findings that Edol failed to comply with the provisions of the agreed order and the settlement agreement, we reverse that portion of the trial court's order declining to enforce the daily penalties provision of the settlement agreement. Morales v. Metropolitan Dade County, 652 So.2d 925, 926 (Fla. 3d DCA 1995). Accordingly, we remand this cause for an award of daily penalties pursuant to the settlement agreement and for an evidentiary hearing to determine the date upon which Edol should be deemed to be in material noncompliance with the settlement agreement. Morales, 652 So.2d at 926.

Affirmed, in part, reversed, in part, and remanded.


Summaries of

Metropolitan Dade County v. Edol Corp.

District Court of Appeal of Florida, Third District
Oct 18, 1995
661 So. 2d 422 (Fla. Dist. Ct. App. 1995)

enforcing similar agreement

Summary of this case from Metropolitan Dade County v. Fonte
Case details for

Metropolitan Dade County v. Edol Corp.

Case Details

Full title:METROPOLITAN DADE COUNTY, APPELLANT, v. EDOL CORPORATION, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 18, 1995

Citations

661 So. 2d 422 (Fla. Dist. Ct. App. 1995)

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