ROBERT THOMAS BASS, APPELLANT,
v.
MARILYN HAWK BASS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this family law appeal, the Third District Court of Appeal affirmed orders permitting the former wife to relocate the parties' minor children from Dade County to Broward County and awarding her $15,000 in attorneys' fees, but reversed an award of $13,360 in damages for trial delays because the trial court lacked jurisdiction to enter that order after the husband had already filed his notice of appeal.
The trial court properly awarded relocation of the children and attorneys' fees, both supported by substantial, competent evidence. However, the trial court lacked jurisdiction to enter the damages award because it was entered after the husband had already filed his notice of appeal of prior orders that formed the basis for the damages order.
[1] A trial court lacks jurisdiction to enter an order assessing damages for trial delays after a notice of appeal has been filed for prior orders that formed the basis of th…
[2] An order permitting a former spouse to permanently move minor children to a different county will be affirmed if supported by substantial, competent evidence.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we have determined that the trial court was actually without jurisdiction to enter the order assessing said damages at the time it did”
Establishes the jurisdictional defect that required reversal of the damages award after notice of appeal was filed
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties were divorced by a 1975 final judgment. In 1977, the former wife petitioned to modify the judgment. The trial court entered three post-dec…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Modification Of Final Judgment Of Dissolution cases and more on FLexlaw
On Rehearing
PER CURIAM.
This is a consolidated appeal from three post-decretal orders entered against the appellant-former husband. The orders, entered pursuant to the appellee’s 1977 petition for modification of the 1975 final judgment of dissolution of marriage, stated that: (1) the former wife was permitted to permanently move the parties’ three minor children from Dade County to Broward County; (2) she be awarded Thirteen Thousand Three Hundred Sixty Dollars ($13,-360.00) as damages for delays due to appellant’s having obtained continuances of trial; and (3) she be awarded attorneys’ fees of Fifteen Thousand Dollars ($15,000.00).
As to the areas of concern dealing with the removal of the children from Dade County to Broward County and the attorneys’ fees award, we affirm the trial court’s orders. However, we must agree with the appellant’s contention that the trial court erred in awarding the wife damages for the delays in beginning the trial in the matter. Not only is the accuracy of the monetary figures in sharp dispute between the parties and there is evidence that the husband is being penalized for certain delays which cannot be attributed to him, but at the time the court entered the order on damages the former husband had already filed his notice of appeal of two previous orders (one of which was the basis of the later order on damages). Thus, we have determined that the trial court was actually without jurisdiction to enter the order assessing said damages at the time it did. De La Portilla v. De La Portilla, 304 So. 2d 116 (Fla.1974) and Veiner v. Veiner, 364 So. 2d 834 (Fla. 3d DCA 1978). The December 28, 1978 order must therefore be reversed.
The orders of the court on the matters pertaining to the removal of the children to Broward County and the award of attorneys’ fees are supported by substantial, competent evidence, and we have no cause to disturb the judgments made by the trial court. Herzog v. Herzog, 346 So. 2d 56. (Fla. 1977); Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976); Veiner v. Veiner, supra; Keller v. Keller, 348 So. 2d 654 (Fla. 3d DCA 1977).
Affirmed in part and reversed in part.
HENDRY, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Herzog v. Herzog, 346 So. 2d 56 (Fla. 1977)
- DE LA Portilla v. DE LA Portilla, 304 So. 2d 116 (Fla. 1974)
- Veiner v. Veiner, 364 So. 2d 834 (Fla. 3d DCA 1978)
- Keller v. Christal C. Keller, 348 So. 2d 654 (Fla. 3d DCA 1977)