Paulucci v. General Dynamics Corp.

842 So. 2d 797 (2003)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Paulucci v. General Dynamics Corp.

Florida Supreme Court
842 So. 2d 797 (2003)

Facts

Jeno Paulucci (plaintiff) leased warehouse property to General Dynamics Corporation (GDC) (defendant). During the lease term, GDC polluted and contaminated the lease property. Paulucci filed a pollution action against GDC, which Paulucci and GDC ultimately settled. In the settlement agreement, GDC agreed to (1) pay Paulucci $3 million; (2) obtain a No Further Action (NFA) letter from the Florida Department of Environmental Protection (DEP) within 15 months indicating that contamination remediation at the site was completed; and (3) if the NFA letter was not obtained within 15 months, GDC agreed to pay Paulucci ongoing monthly damages until an NFA letter was obtained. The trial court approved the settlement agreement and incorporated it into the final judgment. In the final judgment, the trial court specifically retained jurisdiction to enforce and interpret the settlement agreement. Subsequently, Paulucci filed a motion under the settled action to enforce the settlement agreement’s terms, alleging that GDC was noncompliant. The trial court denied the motion, holding that a claim for breach of the settlement agreement must be filed in a new and separate action. On appeal, the appellate court affirmed, holding that even if the settlement agreement was incorporated into the final judgment, a claim for breach of the agreement’s terms must be raised in a new action and could not be addressed through motion practice under the settled action. Paulucci appealed.

Rule of Law

Issue

Holding and Reasoning (Pariente, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership