F.A. CONNER, APPELLANT/CROSS APPELLEE,
v.
NORTHEASTERN INTERNATIONAL AIRWAYS, INC., APPELLEE/CROSS APPELLANT
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Orders and judgments entered after a final judgment becomes non-modifiable are invalid if they modify the substance of that judgment.
After a stipulation for dismissal with prejudice and entry of a final judgment, the trial court entered subsequent orders modifying the substance of t…
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GARRETT, Judge.
This is an appeal of several orders and judgments of the lower court.
In December 1983, appellant agreed to sell an airplane to appellee. Problems arose and appellee sued appellant. Thereafter, they entered into a stipulation for dismissal with prejudice. On May 15,1984, the trial judge entered a final judgment ratifying the stipulation and dismissing the action with prejudice. Neither party filed any motion or notice of appeal during the next three months.
In September and October 1984, appellee filed motions to enforce the final judgment. The order entered after the October, 1984 hearing modified the final judgment as did orders and judgments entered in 1986 and 1987.
We reverse all orders and judgments entered after May 15, 1984.
A trial judge may modify the time and manner of enforcing a final judgment. DeFillipis v. DeFillipis, 378 So. 2d 325, 327 (Fla. 4th DCA 1980). But a trial judge lacks the jurisdiction to modify the substance of a final judgment. Donaldson Engineering, Inc. v. City of Plantation, 326 So. 2d 209 (Fla. 4th DCA 1976).
Thirty days after its entry, the May 15, 1984 judgment became final. Thereafter, the trial court could only enforce the final judgment. All subsequently entered orders and judgments modified the substance of the final judgment; therefore, they were invalid.
REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT HEREWITH.
DELL and POLEN, JJ., concur.
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Milio v. Leinoff & Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996)…ndries, Inc. v. Golf Course Towers Associates, 568 So. 2d 501 (Fla. 3d DCA 1990) (trial court loses jurisdiction to modify 30 days after rendition of the final judgment unless it retains jurisdiction); F.A Conner v. Northeastern Int’l Airways, Inc., 543 So. 2d 397 (Fla. 4th DCA 1989). See also, Vazquez, supra, (Nesbitt, J., specially concurring). In this instance, Mr. Leinoff waited more than 30 days, gave notice of non-representation, and then sought to enforce a lien not agreed to in the oral stipulation to…
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Commercial Laundries, Inc. v. Golf Course Towers Assocs., 568 So. 2d 501 (Fla. 3d DCA 1990)…utory agreement. Commercial appeals the order dated May 14, 1990, terminating the contract. A trial court loses jurisdiction to modify the substance of the final judgment thirty days after its rendition, Conner v. Northeastern Int’l Airways, Inc., 543 So. 2d 397 (Fla. 4th DCA 1989), unless the court retains jurisdiction to enforce the judgment. See Brickell Station Towers, Inc. v. JDC (America) Corp., 564 So. 2d 132 (Fla. 3d DCA 1990); A-One Coin Laundry [*503] Equip. Co. v. Waterside Condominium Ass’n, Inc…
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Greenbriar Condo. Ass'n, Inc. v. Padgett, 583 So. 2d 1100 (Fla. 4th DCA 1991)…has, considering the orders’ impact most favorably to the appellant, simply responded to the appellant’s motion by exercising discretion, invoked by appellant, over the time and manner of enforcement. Cf. Conner v. Northeastern Int’l Airways, Inc., 543 So. 2d 397 (Fla. 4th DCA 1989); DeFilippis v. DeFilippis, 378 So. 2d 325 (Fla. 4th DCA 1980). See also GEICO Fin. Servs., Inc. v. Kramer, 575 So. 2d 1345 (Fla. 4th DCA 1991). It is not asserted, nor is there any indication that, the trial court acted unreasona…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Donaldson Eng'g, Inc. v. City OF Plantation, 326 So. 2d 209 (Fla. 4th DCA 1976)
- DeFILIPPIS v. DeFILIPPIS, 378 So. 2d 325 (Fla. 4th DCA 1980)