Bender v. Bender

District Court of Appeal of Florida

Bender v. Bender

931 So. 2d 282, 2006 Fla. App. LEXIS 10367, 2006 WL 1707991

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 2006

DocketNo. 5D05-1437

StatusPublished

This text of 931 So. 2d 282 (Bender v. Bender) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bender v. Bender, 931 So. 2d 282, 2006 Fla. App. LEXIS 10367, 2006 WL 1707991 (Fla. Ct. App. 2006).

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Opinion

SAWAYA, J..

We dismiss this appeal for lack of jurisdiction because the final judgment for dissolution of marriage is a non-final judgment that reserves jurisdiction in the trial court for one year “in regard to the propriety of an award of alimony.” See St. Johns River Water Mgmt. Dist. v. Koontz, 861 So.2d 1267, 1268 (Fla. 5th DCA 2003) (“Although the order entered below was labeled a “Final Judgment,” it was not a final order. A final order is one which does not contemplate further judicial labor.”) (citing McGurn v. Scott, 596 So.2d 1042, 1044 (Fla.1992) (“It is well settled that a judgment attains the degree of finality necessary to support an appeal when it adjudicates the merits of the cause and disposes of the action between the parties, leaving no judicial labor to be done except the execution of the judgment.”)).

APPEAL DISMISSED.

PLEUS, C.J. and PALMER, J., concur.

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SAWAYA, J..

We dismiss this appeal for lack of jurisdiction because the final judgment for dissolution of marriage is a non-final judgment that reserves jurisdiction in the trial court for one year “in regard to the propriety of an award of alimony.” See St. Johns River Water Mgmt. Dist. v. Koontz, 861 So.2d 1267, 1268 (Fla. 5th DCA 2003) (“Although the order entered below was labeled a “Final Judgment,” it was not a final order. A final order is one which does not contemplate further judicial labor.”) (citing McGurn v. Scott, 596 So.2d 1042, 1044 (Fla.1992) (“It is well settled that a judgment attains the degree of finality necessary to support an appeal when it adjudicates the merits of the cause and disposes of the action between the parties, leaving no judicial labor to be done except the execution of the judgment.”)).

APPEAL DISMISSED.

PLEUS, C.J. and PALMER, J., concur.

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Bluebook (online)

931 So. 2d 282, 2006 Fla. App. LEXIS 10367, 2006 WL 1707991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bender-v-bender-fladistctapp-2006.

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