Brown v. Brown

District Court of Appeal of Florida

Brown v. Brown

931 So. 2d 251, 2006 Fla. App. LEXIS 9786, 2006 WL 1650661

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 2006

DocketNo. 1D06-1317

StatusPublished

Cited by2 cases

This text of 931 So. 2d 251 (Brown v. Brown) 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

Brown v. Brown, 931 So. 2d 251, 2006 Fla. App. LEXIS 9786, 2006 WL 1650661 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

A final judgment of dissolution of marriage was rendered by the Circuit Court for Gilchrist County and appealed to this court in case number 1D06-0400. After the notice of appeal was filed the trial court entered an amended final judgment, purportedly under authority of Florida Rule of Civil Procedure 1.540(b), and former wife appeals. The first appeal divested the circuit court of jurisdiction to modify or amend the judgment on appeal. Palma Sola Harbour Condo., Inc. v. Huber, 374 So.2d 1135 (Fla. 2d DCA 1979); Flemenbaum v. Flemenbaum, 636 So.2d 579, 581 n. 1 (Fla. 4th DCA 1994). We therefore sua sponte quash the amended judgment as having been entered in the absence of jurisdiction and dismiss this appeal as moot.

APPEAL DISMISSED.

BARFIELD, DAVIS, and PADOVANO, JJ., concur.

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PER CURIAM.

A final judgment of dissolution of marriage was rendered by the Circuit Court for Gilchrist County and appealed to this court in case number 1D06-0400. After the notice of appeal was filed the trial court entered an amended final judgment, purportedly under authority of Florida Rule of Civil Procedure 1.540(b), and former wife appeals. The first appeal divested the circuit court of jurisdiction to modify or amend the judgment on appeal. Palma Sola Harbour Condo., Inc. v. Huber, 374 So.2d 1135 (Fla. 2d DCA 1979); Flemenbaum v. Flemenbaum, 636 So.2d 579, 581 n. 1 (Fla. 4th DCA 1994). We therefore sua sponte quash the amended judgment as having been entered in the absence of jurisdiction and dismiss this appeal as moot.

APPEAL DISMISSED.

BARFIELD, DAVIS, and PADOVANO, JJ., concur.

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Bluebook (online)

931 So. 2d 251, 2006 Fla. App. LEXIS 9786, 2006 WL 1650661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-fladistctapp-2006.

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