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Hoffman v. O'Connor

District Court of Appeal of Florida, First District
Jan 4, 2002
802 So. 2d 1197 (Fla. Dist. Ct. App. 2002)

Summary

holding that reservation of jurisdiction over non-collateral issue renders an order nonfinal

Summary of this case from Brown v. Ford

Opinion

Case No. 1D01-3965

filed January 4, 2002.

An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Jr., Judge.

Robert H. Sturgess of Henderson Keasler Law Firm, Jacksonville, for Appellant.

Samuel S. Jacobson of Datz, Jacobson, Lembcke and Wright, P.A., Jacksonville, for Appellee.


In this case, the circuit court entered a Final Judgment of Dissolution of Marriage, but retained jurisdiction to determine an equitable distribution of the parties' marital assets and liabilities. Such an order is not appealable as a final order. See Klein v. Klein, 551 So.2d 1235 (Fla. 3d DCA 1989). While the order appears final as to the issues addressed, the reservation of jurisdiction over related claims necessarily renders the order nonfinal. See McGurn v. Scott, 596 So.2d 1042 (Fla. 1992). Furthermore, the order need not be deemed final for appellate purposes because the order does not provide for immediate execution of a money judgment. Compare McGurn; Emerald Coast Communications, Inc. v. Carter, 780 So.2d 968 (Fla. 1st DCA 2001). The appellant's motion to stay is denied, see Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995), and this case is dismissed without prejudice to the appellant's right to appeal upon entry of a final order. The appellant's motion for extension of time is denied as moot.

KAHN, DAVIS and VAN NORTWICK, JJ., CONCUR.


Summaries of

Hoffman v. O'Connor

District Court of Appeal of Florida, First District
Jan 4, 2002
802 So. 2d 1197 (Fla. Dist. Ct. App. 2002)

holding that reservation of jurisdiction over non-collateral issue renders an order nonfinal

Summary of this case from Brown v. Ford

holding dissolution of marriage judgment that reserved jurisdiction to determine equitable distribution need not be deemed final

Summary of this case from Raymond James Assoc. v. Godshall

In Hoffman, the Court dismissed the appeal for lack of jurisdiction because the order appealed retained jurisdiction to determine equitable distribution of the parties' marital assets and liabilities.

Summary of this case from Wright v. Wright

dismissing appeal from order of dissolution of marriage that reserved jurisdiction to determine equitable distribution

Summary of this case from Hawkins v. Hawkins

dismissing appeal for lack of jurisdiction where trial court retained jurisdiction to determine equitable distribution claim

Summary of this case from Demont v. Demont

dismissing appeal where reservation of jurisdiction to determine related family law issues rendered order nonfinal

Summary of this case from Hicks v. Eden

dismissing appeal from order of dissolution of marriage that reserved jurisdiction to determine equitable distribution

Summary of this case from Abuvala v. Abuvala

dismissing appeal as premature where order reserved jurisdiction to determine equitable distribution of marital assets and liabilities

Summary of this case from Marlett v. Stillwell

In Hoffman, the lower tribunal affirmatively and specifically reserved jurisdiction to consider the issue of equitable distribution of the parties' marital assets and liabilities, an issue that was integral to the dissolution proceeding.

Summary of this case from Johnson v. Johnson
Case details for

Hoffman v. O'Connor

Case Details

Full title:RICHARD SCOTT HOFFMAN, Appellant, v. CHRISTI LOUISE O'CONNOR, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jan 4, 2002

Citations

802 So. 2d 1197 (Fla. Dist. Ct. App. 2002)

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