Fleetwing Corporation v. David Ricketts
After a settlement agreement was approved by order with a retention of jurisdiction, the former employee moved in the same action to enforce the agreement's general release, claiming the employer breached by suing him elsewhere, and the trial court awarded him the $2,075,000 'residual balance.' The Sixth DCA reversed, holding that because the settlement agreement did not specify that the residual balance was the damages remedy for a post-forbearance-period breach of the release, the award was general damages beyond the court's continuing jurisdiction, and the claim must be brought as a separate lawsuit.
Key facts
- Fleetwing Corporation sued former employee David Ricketts; the parties reached a settlement agreement that was approved by court order with retained jurisdiction.
- After the forbearance period ended, Ricketts moved in the same action to enforce the settlement agreement's general release, claiming Fleetwing breached by suing him elsewhere.
- +2 more key facts with a free trial
Why it matters
This is a clean application and useful extension of Paulucci for practitioners who routinely rely on retention-of-jurisdiction clauses to police settlement agreements. It emphasizes that the enforceability shortcut… — full analysis with a trial
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