JAMES E. BRIDGES, APPELLANT,
v.
JULIA A. BRIDGES, APPELLEE

Fla. 2d DCA | 1988-02-26
No. 87-2505
LEHAN, A.C.J., and THREADGILL, J., concur.
520 So. 2d 318 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 7 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

James Bridges appeals the trial court's order requiring direct disbursement of alimony from his military retirement pay. The court reverses, finding that the former wife failed to provide proper notice to Bridges of the hearing on her motion for direct disbursement, as service on his former attorney was inadequate after the dissolution action was concluded.


Holding

The court held that service of notice on the former attorney did not provide adequate or proper notice to Bridges because the dissolution action was no longer pending at the time notice was served, rule 1.080(b) did not apply to authorize service on the attorney, and the attorney disclaimed continued representation immediately upon receiving notice.


Headnotes

[1] Service of notice upon an attorney of record is authorized only in a pending action.

[2] A dissolution action is no longer considered pending after the time for filing an appeal of the final decree has expired.

Previewing 2 of 4 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

Key Quotes

“Rule 1.080(b), Florida Rules of Civil Procedure, authorizes service of notice upon the attorney of record in a pending action until such time as counsel withdraws as the attorney for the parties pursuant to rule 2.060(i), Florida Rules of Judicial Administration. The critical words here are 'pending action,' since the dissolution action was no longer pending at the time the hearing on former wife's motion for direct disbursement was noticed”

Establishes the critical distinction that the rule only applies to pending actions, and here the dissolution action was no longer pending when notice was served

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A final judgment dissolving the marriage was entered January 2, 1985, awarding permanent periodic alimony to the former wife. Bridges' attorney, Rober…

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.


Opinion of the Court
PARKER, Judge.

PARKER, Judge.

James E. Bridges appeals the trial court’s denial of his motion, in which he sought relief from an order requiring the direct disbursement of alimony from his military retirement income to the appellee, former wife. We reverse.

A final judgment dissolving the parties’ marriage was entered on January 2, 1985. In that order, the former wife was awarded permanent periodic alimony. Based upon the parties’ stipulation, a modification of the final judgment was entered on March 12, 1985, transferring exclusive possession of the marital home to the former wife until it was sold. The stipulation was signed on behalf of the husband by attorney Robert B. Bennett, Jr., who represented husband during the parties’ divorce.

The record discloses a contract for the sale of the marital home, which was signed by Bennett on behalf of former husband on or about June 18, 1985. On July 5, 1985, former wife filed a motion for direct disbursement of alimony, which was hand delivered to Bennett’s office. By the motion, she sought an order directing the Air Force to disburse the alimony from her former husband’s retirement pay. A hearing on the motion was scheduled for August 14, 1985, and notice of the hearing was mailed to Bennett on July 8, 1985.

In a letter dated July 9, 1985, to the trial court, Bennett enclosed a motion to withdraw as the attorney for former husband. As grounds for the motion, Bennett stated that he had not been retained or authorized to further represent the husband, and that he was unaware of former husband’s whereabouts. Former wife responded, objecting to the entry of an order relieving Bennett as the attorney of record for former husband. Bennett participated on behalf of former husband at the hearing on wife’s motion for direct disbursement. The trial court entered an order commanding direct disbursement, and then granted Bennett’s motion to withdraw. Former husband filed a motion for relief from the disbursement order, which was denied. The denial of the motion for relief is the subject of this appeal.

The only issue which we find merits discussion centers around the lack of notice to former husband of the hearing on the motion for direct disbursement.

Rule 1.080(b), Florida Rules of Civil Procedure, authorizes service of notice upon the attorney of record in a pending action until such time as counsel withdraws as the attorney for the parties pursuant to rule 2.060(i), Florida Rules of Judicial Administration. The critical words here are “pending action,” since the dissolution action was no longer pending at the time the hearing on former wife’s motion for direct disbursement was noticed, i.e., the time for filing an appeal of the dissolution decree had expired. But see Niki Unlimited v. Legal Services of Greater Miami, 483 So. 2d 46 (Fla. 3rd DCA 1986) (citing Wilson v. Clark, 414 So. 2d 526 (Fla. 1st DCA 1982)).

Therefore, rule 1.080(b) did not apply to invest service of notice on Bennett. Id.

Here, notice to Bennett did not result in former husband actually receiving notice of the hearing on former wife’s motion. Furthermore, Bennett disclaimed continued representation of former husband immediately upon obtaining notice of the hearing. Under the present circumstances, we cannot conclude that service of notice to Bennett provided adequate or proper notice to former husband. Ginsberg v, Ginsberg, 122 So. 2d 30 (Fla. 3d DCA 1960); Hernandez v. Hernandez, 478 So. 2d 458 (Fla. 3d DCA 1985).

Reversed and remanded, without prejudice to the former wife to renew her motion upon proper notice.

LEHAN, A.C.J., and THREADGILL, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Suarez v. Hillcrest Dev. OF S. Fla., Inc., 742 So. 2d 423 (Fla. 3d DCA 1999)
    …Legislative Auditing Committee, 298 So. 2d 219 (Fla. 1st DCA 1974), and Fla.R.Civ.P. 1.080(b). A case is pending through and up to the date when the time for taking an appeal from the Final Judgment or Dismissal has expired. See Bridges v. Bridges, 520 So. 2d 318 (Fla. 2d DCA 1988). Hollander was not required to file a motion to withdraw. This would only have been necessary had the post-judgment Request for Production in Aid of Execution been served within 30 days of the February 10, 1999 final judgment. Th…
  • Smith v. Dawson, 880 So. 2d 784 (Fla. 2d DCA 2004)
    …e the amended motion for attorney’s fees and the notice of hearing were not served upon Smith’s attorneys of record. Florida Rule of Civil Procedure I.080(b) requires service upon the attorney of record in a pending action. See Bridges v. Bridges, 520 So. 2d 318 (Fla. 2d DCA 1988). Smith argues, and the record shows, that the amended motion for attorney’s fees and the notice of hearing were not served upon his attorneys of record, Bruce Kaplan and Brian Bursa. Dawson contends that Kaplan and Bursa were no l…
  • Corso v. Jaya Padmanabhan, M.D., 796 So. 2d 1211 (Fla. 1st DCA 2001)
    …Williams v. Adams, 636 So. 2d 191 (Fla. 3d DCA 1994). See also Bermuda Atl. Line Ltd. v. Fla. E. Coast Ry. Co., 622 So. 2d 489 (Fla. 1st DCA 1993); Seinsheimer Cos. v. Cobia Point Condo. Ass’n, 616 So. 2d 1136 (Fla. 3d DCA 1993); Bridges v. Bridges, 520 So. 2d 318 (Fla. 2d DCA 1988). ERVIN, DAVIS and VAN NORTWICK, JJ., concur.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw