From Casetext: Smarter Legal Research

Salzverg v. Salzverg

District Court of Appeal of Florida, Third District
Jul 9, 1997
696 So. 2d 1278 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1235

Opinion filed July 9, 1997.

On Petition for Writ of Certiorari to the Circuit Court for Dade County, Jennifer D. Bailey, Judge.

Paul Morris; Gerald I. Kornreich, for petitioner.

Franklin Marbin and Catherine J. MacIvor, for respondent.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


This appeal by the now ex-husband from a "bifurcated" order which simply dissolved the parties' marriage is dismissed for lack of jurisdiction. Klein v. Klein, 551 So.2d 1235 (Fla. 3d DCA 1989), review denied, 562 So.2d 346 (Fla. 1990); see Miami Columbus, Inc. v. Ramlawi, 687 So.2d 1378 (Fla. 3d DCA 1997), and cases cited. Upon the exercise of our discretionary authority to treat the proceeding as a petition for certiorari, the application is denied because the order plainly did not depart from the essential requirements of the law, § 61.052(2), Fla. Stat. (1995); Tunderman v. Lee, 585 So.2d 354 (Fla. 2d DCA 1991); see Claughton v. Claughton, 393 So.2d 1061, 1062 (Fla. 1980) ("split procedure should be used only when it is clearly necessary for the best interests of the parties or their children"), and because there has been no demonstration of even cognizable, let alone the required irreparable, harm. Murphy v. Murphy, 621 So.2d 455 (Fla. 4th DCA 1993), review denied, 640 So.2d 1107 (Fla. 1994); Tunderman, 585 So.2d at 354. See generally Allstate Ins. Co. v. Langston, 655 So.2d 91, 94 (Fla. 1995).

Certiorari denied.


Summaries of

Salzverg v. Salzverg

District Court of Appeal of Florida, Third District
Jul 9, 1997
696 So. 2d 1278 (Fla. Dist. Ct. App. 1997)
Case details for

Salzverg v. Salzverg

Case Details

Full title:LEON SALZVERG, PETITIONER, vs. GENIE SALZVERG, RESPONDENT

Court:District Court of Appeal of Florida, Third District

Date published: Jul 9, 1997

Citations

696 So. 2d 1278 (Fla. Dist. Ct. App. 1997)

Citing Cases

Casabona v. SCI Funeral Services of Florida, Inc.

That ruling, in turn, was both unobjected to below, see Diaz v. Rodriguez, 384 So.2d 906 (Fla. 3d DCA 1980),…

Briois v. State Farm Mut. Auto

Since this is true, and even though the effect may well be that a bifurcation order in itself — like one as…