CAROLE ANN MILLER, APPELLANT,
v.
RANDALL GEORGE MILLER, APPELLEE
Explore caselaw by topic → Browse Exclusive Use and Possession cases and more on FLexlaw
PER CURIAM.
Our per curiam decision, without opinion, affirmed the trial court’s order, 417 So. 2d 335 (Fla.App.) which granted summary judgment in favor of appellee, and dismissed the partition suit brought by the appellant, the trial court finding that under the final judgment of dissolution between the parties, appellant has no present possessory right to the property that is the subject matter of the partition suit, and finding that appellee is entitled to the present exclusive use and possession of the property.
Appellant’s petition for rehearing urges, among other things, a clarification of our decision with respect to its effect, if any, upon the right of appellant to seek a modification of the final judgment of dissolution. The motion for rehearing and clarification is therefore granted, for the limited purpose of stating that our decision has no effect upon the right of appellant to file a petition for modification of the final judgment, since no issue pertaining to appellant’s right to seek such relief has been presented to this court.
MILLS, LARRY G. SMITH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
-
Melvee Tucker v. State, 459 So. 2d 306 (Fla. 1984)…EHRLICH, Justice. This cause, reported at 417 So. 2d 1006 (Fla. 3d DCA 1982), is before the Court on a question certified as being of great public importance. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. On December 15, 1977, Tucker was charged with first-degree…
-
Peri v. State, 426 So. 2d 1021 (Fla. 3d DCA 1983)…ight to public trial); Kersten v. United States, 161 F. 2d 337 (10th Cir.1947) (same, right to be tried in state and district where crime committed); Francis v. State, supra (same, right of defendant to be present during voir dire); Tucker v. State, 417 So. 2d 1006 (Fla. 3d DCA 1982) (same, statute of limitations). See also Bellaire Securities Corp. v. Brown, 124 Fla. 47, 83, 168 So. 625, 639 (1936) (“A party may waive any right to which he is legally entitled, whether secured by contract, conferred by statute…
-
Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)…e probation and imposing a sentence. Jurisdiction of the subject matter is fixed by law and, in the ordinary sense, refers to the court’s authority to take cognizance of and decide a case, or its power to hear and determine a cause. Tucker v. State, 417 So. 2d 1006, 1009 (Fla. 3d DCA 1982); 15 Fla.Jur.2d Criminal Law § 559. Appellant concedes that when the case came on for the scheduled sentencing hearing on January 13, 1982, the court had authority over the subject matter for the purpose of doing a number of…1 / 2
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence