CORA MESSANA, APPELLANT,
v.
FRANK LAWRENCE MESSANA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANK MESSANA, APPELLEE

Fla. 4th DCA | 1982-10-27
No. 80-1803
GLICKSTEIN and HURLEY, JJ., concur.
421 So. 2d 48 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 7 cases
Topics
Nunc Pro Tunc Judgment

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Opinion of the Court
GREEN, OLIVER L., Jr., Associate Judge.

GREEN, OLIVER L., Jr., Associate Judge.

This is an appeal by the wife from a final judgment of dissolution signed after the husband’s death “nunc pro tunc” as of a date prior to the death. The wife and the husband’s personal representative agree that the husband died and that the wife moved to dismiss the suit before the nunc pro tunc judgment was signed, but the parties disagree on whether the trial court had orally granted dissolution prior to the death. We need not, however, determine whether the trial court had orally granted a dissolution because an oral dissolution is not effective under Florida law. Jaris v. Tucker, 414 So. 2d 1164 (Fla. 3d DCA 1982) (en banc); Sahler v. Sahler, 154 Fla. 206, 17 So. 2d 105 (1944). When a party to a divorce action dies before the trial court signs a written order of dissolution, the trial court must dismiss the action. Id. Accordingly, the judgment is vacated and this cause is remanded with instructions to dismiss.

GLICKSTEIN and HURLEY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Reopelle v. Reopelle, 587 So. 2d 508 (Fla. 5th DCA 1991)
    …hey do not hold that this finding must be written. Gloria then cites to numerous eases “which plainly state that the necessary findings must be reduced to writing and signed”: Sahler v. Sahler, 154 Fla. 206, 17 So. 2d 105 (1944); Messana v. Messana, 421 So. 2d 48 (Fla. 4th DCA 1982); Jaris v. Tucker, 414 So. 2d 1164 (Fla. 3d DCA), dismissed, 419 So. 2d 1198 (Fla.1982); Leitner v. Willaford, 306 So. 2d 555 (Fla. 3d DCA 1975); and Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971). These cases, however, sim…
  • Gaines v. Sayne, 764 So. 2d 578 (Fla. 2000)
    …the decree. Hence, Sahler stands for the proposition that the death of one of the parties prior to the entry of a judgment of dissolution precludes the trial court from exercising any further jurisdiction over the matter. Accord Messana v. Messana, 421 So. 2d 48 (Fla. 4th DCA 1982); Jaris v. Tucker, 414 So. 2d 1164, 1166 n. 2 (Fla. 3d DCA 1982); McKendree v. McKendree, 139 So. 2d 173 (Fla. 1st DCA 1962); see also 24 Am.Jur.2d Divorce and Separation § 140 (1998) (“[I]f an action for divorce is commenced and…
  • Georgiana Doerschuck v. Doerschuck, 481 So. 2d 1317 (Fla. 4th DCA 1986)
    …t these two non-final orders are appealable; thus the consideration as a petition for certiorari. There is no question that a trial judge has no option but to terminate a dissolution action upon the death of one of the parties. Messana v. Messana, 421 So. 2d 48 (Fla. 4th DCA 1982); Simpson v. Simpson, 473 So. 2d 299 (Fla. 3d DCA 1985); Jaris v. Tucker, 414 So. 2d 1164 (Fla. 3d DCA), appeal dismissed, 419 So. 2d 1198 (Fla.1982); Sahler v. Sahler, 154 Fla. 206, 17 So. 2d 105 (1944). Thus, the trial court err…

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