Clarke v. Global Guaranteed Goods and Services, Inc. d/b/a Global Construction
After a mediated settlement requiring Global to pay $60,000 in installments secured by vehicle liens, Clarke filed a stipulated voluntary dismissal without obtaining a court order approving it or reserving jurisdiction; Global then failed to pay in full by the deadline. The Sixth DCA held that Global's belated 'jurisdiction' objection concerned case jurisdiction, which is waivable if not raised in the trial court, and that the trial court erred by denying enforcement and unilaterally granting Global an extra thirty days to perform rather than enforcing the settlement's default provision.
Key facts
- Clarke and Global Guaranteed Goods and Services, Inc. entered into a mediated settlement agreement requiring Global to pay Clarke $60,000 in installments secured by vehicle liens.
- Clarke filed a stipulated voluntary dismissal without obtaining a court order approving it or reserving jurisdiction over the settlement.
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Why it matters
The opinion is one of the clearer appellate endorsements of the case-jurisdiction/subject-matter-jurisdiction divide, giving litigators authority that a post-dismissal enforcement objection is waivable and must be… — full analysis with a trial
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