Rogers v. Rogers

District Court of Appeal of Florida

Rogers v. Rogers

175 So. 2d 232, 1965 Fla. App. LEXIS 4183

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1965

DocketNo. 5931

StatusPublished

Cited by3 cases

This text of 175 So. 2d 232 (Rogers v. Rogers) 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.

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Rogers v. Rogers, 175 So. 2d 232, 1965 Fla. App. LEXIS 4183 (Fla. Ct. App. 1965).

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Opinion

BARNS, PAUL D., Associate Judge.

On November 30, 1964, the chancellor entered an order modifying a final decree entered in September, 1960, upon motion made by the former husband, whereupon the former wife entered this appeal. We find error and reverse.

By the 1960 final decree, the parties were decreed to hold the home place share and share alike, and possession was awarded the wife, which wife was required to pay all taxes. The decree was complete and jurisdiction was not retained for any purpose. The property rights became fixed by the final decree and were not subject to modification by the chancellor except upon a timely petition for rehearing. Strozier v. Strozier, Fla.App.1958, 107 So.2d 134; Batteiger v. Batteiger, Fla.App. 1959, 109 So.2d 602. The chancellor may have jurisdiction to enforce the decree, but not to modify it when the modification is unrelated to the enforcement.

The decree appealed is reversed, and appellant’s application for an award of attorney’s fees is denied.

SMITH, C. J., and ANDREWS, J., con- ' cur.

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BARNS, PAUL D., Associate Judge.

On November 30, 1964, the chancellor entered an order modifying a final decree entered in September, 1960, upon motion made by the former husband, whereupon the former wife entered this appeal. We find error and reverse.

By the 1960 final decree, the parties were decreed to hold the home place share and share alike, and possession was awarded the wife, which wife was required to pay all taxes. The decree was complete and jurisdiction was not retained for any purpose. The property rights became fixed by the final decree and were not subject to modification by the chancellor except upon a timely petition for rehearing. Strozier v. Strozier, Fla.App.1958, 107 So.2d 134; Batteiger v. Batteiger, Fla.App. 1959, 109 So.2d 602. The chancellor may have jurisdiction to enforce the decree, but not to modify it when the modification is unrelated to the enforcement.

The decree appealed is reversed, and appellant’s application for an award of attorney’s fees is denied.

SMITH, C. J., and ANDREWS, J., con- ' cur.

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175 So. 2d 232, 1965 Fla. App. LEXIS 4183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-rogers-fladistctapp-1965.

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