JUDITH MARSHA GLAZER, PETITIONER,
v.
IRA M. GLAZER, RESPONDENT

Fla. 4th DCA | 1981-01-14
No. 80-1833
LETTS, C. J., and MOORE, J., concur.
394 So. 2d 140 Florida District Court of Appeal, Fourth District (1981) Negative Treatment
Cited by 9 cases

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.

Synopsis

The wife petitioned for a writ of certiorari to review the trial court's order bifurcating a dissolution of marriage case, separating the marriage dissolution from property, alimony, and support issues. The appellate court denied the petition but cautioned that bifurcation should only be used when clearly necessary for the best interests of the parties, not for convenience of early remarriage.


Holding

The court denied the petition for certiorari, finding the wife failed to demonstrate any wrong that could not be remedied on appeal from an eventual final judgment. However, the court held that bifurcation should be used only when clearly necessary for the best interests of the parties or their children, not for one party's convenience such as early remarriage, and cautioned that improperly bifurcated cases may be subject to reversal.


Headnotes

[1] A trial court's order bifurcating dissolution of marriage proceedings is reviewable by writ of certiorari.

[2] A writ of certiorari will be denied if the petitioner fails to demonstrate a wrong that cannot be remedied on appeal from an eventual final judgment.

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Key Quotes

“This split procedure should be used only when it is clearly necessary for the best interests of the parties or their children. The convenience of one of the parties for an early remarriage does not justify its use.”

Establishes the strict standard for when bifurcation is permissible in dissolution cases, rejecting convenience as justification.

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Facts & Procedural History

The wife filed for dissolution of marriage in May 1980, seeking alimony, child custody, support, and other relief. A general master hearing was conduc…

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Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

By petition for writ of certiorari we are asked to review an order of the trial court granting respondent/husband’s motion for a bifurcated trial of the property, alimony, and support issues from the dissolution of marriage.

Petitioner/wife filed her petition seeking dissolution of the marriage, alimony, child custody and support and other relief in May of 1980. Several months later a hearing was conducted before a general master on wife’s claim for temporary relief. Prior to entry of the general master’s report, husband moved to bifurcate the property, alimony, and child support issues from the dissolution of the marriage alleging that since neither party contested that marriage’s being irretrievably broken, Section 61.052(2)(b), Florida Statutes (1979), required the court to dissolve the marriage immediately. Husband also asserted the parties had been separated since October of 1978, and to compel them to remain married until final adjudication of the property, alimony, and child support issues, would prejudice husband. He further noted that since the general master had already conducted the temporary relief hearing wife could not be prejudiced. Wife objected to the motion contending that her property and financial interests would be prejudiced.

The trial court granted husband’s motion on October 16, 1980, and, on October 22, 1980, entered its order enjoining husband from liquidating any principal assets without wife’s consent before the final hearing and from reducing wife’s medical insurance benefits under his policy. Also, on October 22,1980, the trial court ratified and approved the general master’s report recommending, inter alia, that wife have temporary exclusive possession of the marital home, that husband pay periodic alimony and child support of $2,350 per month, and that he maintain all existing insurance.

Wife filed her petition in this Court on October 27, 1980, raising the same objections to entry of the bifurcation order that she argued below.

Because we find that wife has failed to demonstrate any wrong which cannot be remedied on appeal from an eventual judgment of dissolution reserving determination of property, alimony, and support issues, we deny her petition for certiorari. However, the parties should be aware that this split procedure should not be used unless “it is clearly necessary for the best interests of the parties or their children.” Claughton v. Claughton, 393 So. 2d 1061 (Fla.1980). In this case the Supreme Court reaffirmed the split procedure but also stated:

The general law and our procedural rules at both the trial and appellate levels are designed for one final judgment and one appeal. Splitting the process can cause multiple legal and procedural problems which result in delay and additional expense to the litigants. This split procedure should be used only when it is clearly necessary for the best interests of the parties or their children. The convenience of one of the parties for an early remarriage does not justify its use.

See also Hyman v. Hyman, 310 So. 2d 378, 380 (Fla. 2d DCA 1975), cert, discharged, 329 So. 2d 299 (Fla.1976).

We will not hesitate to reverse a judgment dissolving a marriage and reserving jurisdiction to determine property matters if the case has been improperly bifurcated over the objection of one of the parties. It is only in exceptional circumstances that a trial court should exercise its discretion to bifurcate the case. See Behar v. Southeast Banks Trust Co., 374 So. 2d 572 (Fla. 3d DCA 1979), cert. denied 379 So. 2d 202 (Fla.1980), and Hyman v. Hyman, supra. Any judgment dissolving a marriage (with or without a property reservation) is subject to appeal within 30 days of rendition. If that judgment results from an erroneously bifurcated proceeding then the dissolution may be subject to reversal.

CERTIORARI DENIED.

LETTS, C. J., and MOORE, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rosman Charles Diejuste v. Davis, 400 So. 2d 981 (Fla. 4th DCA 1981)
    …la. 1st DCA 1963). To the limited extent specifically authorized by the case law, that rule has been relaxed to permit bifurcation of these issues under appropriate circumstances. Claughton v. Claughton, 393 So. 2d 1061 (Fla.1980); Glazer v. Glazer, 394 So. 2d 140 (Fla. 4th DCA 1981); Galbut v. Garfinkl, 340 So. 2d 470 (Fla.1976); Behar v. Southeast Banks Trust Co. N. A., 374 So. 2d 572 (Fla.3d DCA 1979), cert. denied 379 So. 2d 202 (Fla.1980); Hyman v. Hyman, 310 So. 2d 378 (Fla.2d DCA 1975), cert. discharge…
  • Weasel v. Weasel, 419 So. 2d 698 (Fla. 4th DCA 1982)
    …split procedure should be used only when it is clearly necessary for the best interests of the parties or their children. The convenience of one of the parties for an early remarriage does not justify its use. Id. at 1062. And in Glazer v. Glazer, 394 So. 2d 140 (Fla. 4th DCA 1980), this Court noted, “It is only in exceptional circumstances that a trial court should exercise its discretion to bifurcate the case.” We would add our views and further emphasize that to be entitled to bifurcation it must be a mo…
  • Crumpton v. Crumpton, 443 So. 2d 315 (Fla. 1st DCA 1983)
    …nize that splitting the issues in a divorce proceeding is discouraged. See, Claughton v. Claughton, 393 So. 2d 1061 (Fla.1980) (bifurcation proper only when clearly necessary for the best interest of the parties or their children); Glazer v. Glazer, 394 So. 2d 140 (Fla. 4th DCA 1981) (bifurcation proper only in exceptional circumstances); Weasel v. Weasel, 419 So. 2d 698 (Fla. 4th DCA 1982) (bifurcation proper only when refusal to bifurcate would result in hardship on the movant equal to or more than the dama…

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