[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
------------------------ JUNE 22, 2006
No. 05-12949 THOMAS K. KAHN
------------------------ CLERK
D.C. Docket No. 03-00515 CV-J-99-TEM
DONMAR ENTERPRISES, INC.,
a Florida Corporation,
Plaintiff-Appellee,
versus
NISSAN NORTH AMERICA, INC.,
a California corporation,
NISSAN JIDOSHA KOBUSHIKI KAISHA,
a Japanese corporation d.b.a. Nissan Motor Co. Ltd.,
Defendants-Appellants.
----------------------
Appeal from the United States District Court for the
Middle District of Florida
----------------------
(June 22, 2006)
Before TJOFLAT, BARKETT and GOODWIN*, Circuit Judges.
PER CURIAM:
The record in this appeal reveals that the district court exceeded its
jurisdiction in accepting the invitation of the parties to revise the “Mediated
Settlement Agreement” (EXHIBIT A) when there existed unresolved
disputed questions of fact as to the intention of the parties. The order appealed
from is vacated and the cause is remanded to the District Court for an
evidentiary hearing to determine the disputed questions regarding matters not
covered by the said exhibit. Neither party to recover costs.
VACATED AND REMANDED
*
Honorable Alfred T. Goodwin, United States Circuit Judge for the Ninth Circuit, sitting by
designation.
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