CHARLES W. FRANKS, APPELLANT,
v.
VIRGINIA FRANKS, APPELLEE
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PER CURIAM.
The order awarding the appellant's interest in the property owned by himself and his ex-wife, the appellee, as tenants in common is vacated. By final order rendered on July 20, 1982, the trial court ordered the partition of the property in question through its sale and the subsequent division of the proceeds between the parties. This partition order was affirmed by this court, Franks v. Franks, 430 So. 2d 463 (Fla. 3d DCA), review denied, 433 So. 2d 519 (Fla.1983), and our mandate was issued on May 27, 1983.
Accordingly, the trial court was without jurisdiction to amend or modify the order, affirmed by this court, and grant some new, different or further relief. See Wood v. Manatee Bay Corp., 386 So. 2d 320 (Fla. 2d DCA 1980).
Therefore, the order rendered on July 12, 1984 purporting tc award the appellant’s interest in the property to the appellee as lump sum alimony is a nullity and is hereby vacated and set aside.1
. This decision is without prejudice to the appel-lee to have the final judgment of dissolution enforccd and obtain any alimony arrearage or other monies due from appellant under the judgment as allowed by law. See, e.g., §§ 61.-11, .12, .17, Fla.Stat. (1983); Fla.R.Civ.P. 1.570.
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Semko v. Semko, 537 So. 2d 588 (Fla. 3d DCA 1988)…la. 2d DCA 1984), review denied, 462 So. 2d 1107 (Fla.1985); Covin v. Covin, 403 So. 2d 490 (Fla. 3d DCA 1981); Schneider v. Schneider, 296 So. 2d 77 (Fla. 3d DCA 1974); Minis v. Ellison, 233 So. 2d 156 (Fla. 3d DCA 1970). See also Franks v. Franks, 469 So. 2d 934 (Fla. 3d DCA 1985); Poling v. Tresidder, 373 So. 2d 405 (Fla. 4th DCA 1979) (court may not modify provision of property rights adjudicated in final judgment by petition entitled motion for enforcement but which is actually an effort to seek determin…
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Horton v. Horton, 179 So. 3d 459 (Fla. 1st DCA 2015)…erty where its continued presence is required by the court” and that utilization of the writ has been deemed to be a valuable resource in the arsenal of remedies available to . a trial court in order to secure alimony and support); Franks v. Franks, 469 So. 2d 934, 934 n. 1 (Fla. 3d DCA 1985) (citing in part section 61.11 and explaining that “[tjhis decision is without prejudice to the appellee to have the final judgment of dissolution enforced and obtain any alimony arrearage or other monies due from appella…
Authorities Cited
- Wood v. Manatee BAY Corp., 386 So. 2d 320 (Fla. 2d DCA 1980)