SALLY R. KENNEDY, APPELLANT,
v.
HAROLD E. KENNEDY, APPELLEE
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The appellate court affirmed the trial court's order enforcing the distribution of marital residence sale proceeds as per the final judgment.
The wife failed to pay marital debt, while the husband paid it all. The trial court's order authorized the husband to receive the remaining second mor…
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PER CURIAM.
Appellant, Sally R. Kennedy (wife), appeals an order granting the petition of appellee, Harold E. Kennedy (husband), for modification and/or enforcement of a final judgment. We affirm.
This appealed order seeks to enforce the distribution of proceeds from the sale of the parties’ former marital residence, as provided in the amended final judgment. The wife failed to comply with the amended final judgment and made no payments towards the parties’ marital debt. The husband made all payments necessary on the outstanding debt. The enforcement order authorized the husband to receive the balance of the second mortgage as reimbursement for the wife’s share of the parties’ marital debt.
Because the appealed order pertains to property distributed by the dissolution judgment, the trial court has jurisdiction. Gutjahr v. Gutjahr, 368 So. 2d 93 (Fla. 3d DCA 1979). Courts retain jurisdiction to enforce dissolution judgments with or without a specific reservation of such power. Seng v. Seng, 590 So. 2d 1120 (Fla. 5th DCA 1991).
Affirmed.
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Davis v. State, 834 So. 2d 322 (Fla. 5th DCA 2003)…See Haines. Summoning other officers to the scene a reasonable time after entry is made to further investigate is permissible as long as the investigation is considered one continuous episode. See Craycraft, 704 So. 2d at 593 (citing Allen v. State, 638 So. 2d 577 (Fla. 1st DCA 1994), review denied, 649 So. 2d 232 (1994); Wooten v. State, 398 So. 2d 963 (Fla. 1st DCA 1981)). However, if the police determine the exigency that initially allowed their entry into the residence no longer exists, any subsequent sea…
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Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997)…ould use other remedies such as judgment for arrear-ages to enforce former wife’s guarantee to pay former husband under a promissory note executed by a third party); accord Collins v. Milazzo, 670 So. 2d 1152 (Fla. 1st DCA 1996); Kennedy v. Kennedy, 638 So. 2d 577 (Fla. 3d DCA 1994); Golub v. Golub, 336 So. 2d 693 (Fla. 2d DCA 1976). Accordingly, our reversal is without prejudice to the former wife availing herself of any other legal means of enforcing the payment of this debt which may include petitioning th…
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Cent. Mortg. Co. v. Callahan, 155 So. 3d 373 (Fla. 3d DCA 2014)…reviously entered orders.” Central’s reliance on Huml is misplaced; Huml is a dissolution of marriage case, and “[cjourts retain jurisdiction to enforce dissolution judgments with or without a specific reservation of such power.” Kennedy v. Kennedy, 638 So. 2d 577, 577 (Fla. 3d DCA 1994); see also Work v. Provine, 632 So. 2d 1119, 1121 (Fla. 1st DCA 1994); Seng v. Seng, 590 So. 2d 1120, 1121 (Fla. 5th DCA 1991). Moreover, the post-judgment motion at issue in Huml pertained to post-judgment enforcement of the…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Seng v. Seng, 590 So. 2d 1120 (Fla. 5th DCA 1991)
- Luisa Rodriguez v. Conn. Gen. Life Ins. Co., 368 So. 2d 93 (Fla. 3d DCA 1979)