ALEAN MACHADO v. TANIA E. MASVIDAL
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2020
Docket3D19-0497
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 19, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-497
Lower Tribunal No. 18-18551
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Alean Machado,
Appellant,
vs.
Tania E. Masvidal and
New Life Clinical Services, Inc.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller,
Judge.
The Bravo Law Firm, PLLC, and Jason Bravo; Garcia-Menocal, Irias &
Pastori, LLP, and Jorge Garcia-Menocal, for appellant.
Law Office of Alexander Alvarez, Alexander Alvarez and Anamari C. Del
Rio, for appellees.
Before EMAS, C.J., and HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See Paulucci v. Gen. Dynamics Corp., 842 So. 2d 797, 803 (Fla.
2003) (โ[T]he extent of the courtโs continuing jurisdiction to enforce the terms of
the settlement agreement is circumscribed by the terms of that agreement.โ); id. at
803 n.5 (โ[I]n cases where the approval of the settlement agreement is by order rather
than by incorporating the terms into a final judgment, the statement in the order that
the trial court expressly retains jurisdiction to enforce its terms makes it clear that
all parties and the court contemplated an express retention of jurisdiction rather than
the necessity of an independent lawsuit.โ); Applegate v. Barnett Bank of
Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (โWithout a record of the trial
proceedings, the appellate court can not properly resolve the underlying factual
issues so as to conclude that the trial courtโs judgment is not supported by the
evidence or by an alternative theory. Without knowing the factual context, neither
can an appellate court reasonably conclude that the trial judge so misconceived the
law as to require reversal.โ).
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