FOURTH DISTRICT
COREBRIDGE EDUCATIONAL ACADEMY CHARTER SCHOOL, INC., a dissolved Florida Corporation,
Appellant,
v.
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA,
Appellee.,
______/ / 4DCA Case No. 4D08-270
LT Case No. 502004CA011762XXXXAF
STIPULATION OF DISMISSAL WITH PREJUDICE
Appellant, Corebridge Educational Academy Charter School, Inc. ("Appellant"), andAppellee, The School Board of Palm Beach County, Florida ("School Board"), by and through their undersigned attorneys, pursuant to Fla. R. App. P. 9.350(a), hereby file a stipulation of dismissal with prejudice of this appeal. As grounds therefore, Appellant and Appellee state:
1.On July 30, 2008, the School Board at a public meeting approved a settlement agreement between the parties, which Appellant had previously executed.
2.The parties' settlement agreement, as a condition of settlement, required that the circuit court enter an order directing an escrow agent to disburse monies to the parties pursuant to the terms of their settlement and then, upon stipulation of the parties, dismiss the circuit court action between the parties with prejudice. This Court relinquished its jurisdiction so that the circuit court could enter these Orders. The circuit court has entered an Agreed Order of Disbursement and an Agreed Order of Dismissal.
3.Under the terms of the settlement agreement, upon disbursal pursuant to the circuit court order and the dismissal of the circuit court action, the parties agreed to stipulate to the dismissal of this appeal and then to exchange releases.By this Court’sacknowledgment of this stipulation of dismissal of the appeal, the parties will be able to consummate their settlement.
WHEREFORE, Appellant and Appellee stipulate that this court dismiss this appeal for the purpose of consummating the parties' settlement agreement which was approved by the School Board on July 30, 2008, at a public hearing.
Bruce A. Harris, Esq.Attorney for Appellee
Fla. Bar No 219010
Palm BeachCountySchool Board
P.O. Box 19239
West Palm Beach, FL33416-9239
Telephone: 561-434-8500
By: ______
Bruce A. Harris, Esq. / Respectfully submitted,
Steven M. Goldsmith, Esq.
Attorney for Appellant
Florida Bar No. 324655
Steven M. Goldsmith, P.A.
5355 Town Center Road, Suite 801
Boca Raton, FL33486
Tel: (561) 391-4900
Facsimile: (561) 391-6973
By: ______
Steven M. Goldsmith,Esq.
.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by mail this ______day of July, 2008, to: Joseph L. Thillman, Esq., Gerstin& Associates, 1499West Palmetto Park Road, Suite 412, Boca Raton, FL 33486; Lance W. Shinder, Esq., LanceW. Shinder, PA, 2300 Glades Road, Suite 207 East, Boca Raton, FL 33431; and Bruce A. Harris, Esq., Randall Burks, Esq. and Gerald A. Williams, Esq., Office of the Chief Counsel, The School District of Palm Beach County, P.O. Box 19239, West Palm Beach, FL 33416-9239.
______Steve Goldsmith, Esq.
Bar No. 324655
S:\Public\Cases with GC#\Corebridge Charter School- 2344\Stipul. of Dismissal in 4DCA 7-24-08.doc
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