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Lipshaw v. Peoples Bank of Lakeland

District Court of Appeal of Florida, Second District
Oct 9, 1996
681 So. 2d 757 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-05166.

August 30, 1996. Rehearing Denied October 9, 1996.

Appeal from the Circuit Court for Polk County; Randall G. McDonald, Judge.

Jennifer E. Mouser of Mouser Wells, P.A., St. Petersburg, for Appellant.

James P. Hahn of Hahn, McClurg, Watson, Griffith Bush, Lakeland, for Appellee.


Ralph I. Lipshaw, as Trustee of the Lakeland Yogi Land Trust, appeals the final judgment entered against him in a foreclosure action filed by Peoples Bank of Lakeland. We affirm because the final judgment was properly entered pursuant to the terms of a settlement agreement between the parties. See 15A Am. Jur.2d Compromise and Settlement § 37 (1976); Cf. J. Allen, Inc. v. Castle Floor Covering, Inc., 543 So.2d 249 (Fla. 2d DCA 1989) (holding that, where parties compromise and settle a contract dispute, the rights and liabilities of the parties set forth in the settlement replace those of the original contract). However, the trial court's reservation of jurisdiction to enter a deficiency judgment is not supported by the terms of the settlement agreement and, therefore, that portion of the final judgment is stricken. In all other respects, the final judgment is affirmed.

THREADGILL, C.J., and SCHOONOVER, J., concur.


Summaries of

Lipshaw v. Peoples Bank of Lakeland

District Court of Appeal of Florida, Second District
Oct 9, 1996
681 So. 2d 757 (Fla. Dist. Ct. App. 1996)
Case details for

Lipshaw v. Peoples Bank of Lakeland

Case Details

Full title:RALPH I. LIPSHAW, AS TRUSTEE OF THE LAKELAND YOGI LAND TRUST, APPELLANT…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 9, 1996

Citations

681 So. 2d 757 (Fla. Dist. Ct. App. 1996)

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Big Time Restaurant Group Corp. v. Five Star Construction Group, Inc.

Affirmed. See Lipshaw v. Peoples Bank of Lakeland, 681 So.2d 757 (Fla. 2d DCA 1996).…