## Facts

- The Pauluccis owned warehouse property and sued General Dynamics Corporation (GDC) alleging contamination during GDC’s lease.
- The parties executed a written settlement requiring GDC to pay $3,000,000 and to work with the Florida Department of Environmental Protection to maintain or obtain a valid “No Further Action” (NFA) letter, including investigation, remediation, and monitoring if required.
- The settlement provided that if no valid NFA letter existed 15 months after the settlement date, GDC would pay monthly amounts equal to the difference between fair market lease value and any current rental, continuing until a valid NFA letter issued.
- The trial court approved the settlement, incorporated it into a final judgment, and expressly retained jurisdiction to interpret and enforce the settlement.
- After disputes over compliance, the Pauluccis moved in the original case to enforce the settlement; the trial court refused to enforce by motion and required a separate breach-of-contract action.
- The district court of appeal affirmed and certified a question regarding the trial court’s jurisdiction to enforce such settlements.

## Issues

1. Whether a trial court has continuing jurisdiction to enforce a settlement agreement by motion in the original action when the agreement is incorporated into a final judgment or approved by order with an express reservation of jurisdiction.
2. Whether enforcement jurisdiction depends on the requested remedy being within the scope of the original pleadings.

## Decision

- The Supreme Court of Florida answered the certified question yes and held the trial court had jurisdiction to enforce the settlement by motion.
- The Court ruled that enforcement jurisdiction exists when the settlement is incorporated into a final judgment or approved by order with retained jurisdiction, even if the remedy sought exceeds the original pleadings.
- The Court quashed the district court’s decision and remanded for further proceedings consistent with its ruling.

## Legal Principles

- A settlement agreement is contractual in nature, but when incorporated into a final judgment it becomes part of the judgment and may be enforced as such.
- A trial court retains continuing jurisdiction to enforce a settlement agreement through motion practice in the original case when:
  - the agreement is incorporated into a final judgment, or
  - the agreement is approved by order and the court expressly retains jurisdiction to enforce its terms.
- The scope of the relief requested in enforcement does not limit enforcement jurisdiction when incorporation/approval and retained jurisdiction are present.
- If a settlement is not incorporated and there is no retained enforcement jurisdiction, enforcement generally must proceed through a separate breach-of-contract action.

## Conclusion

The court held that when a settlement is incorporated into a final judgment or approved with an express reservation of jurisdiction, the trial court may enforce the settlement by motion in the original action, regardless of whether the requested relief was pleaded in the initial complaint.


Paulucci v. General Dynamics Corp., 842 So. 2d 797 (Fla. 2003)