LAURA K. KNIPE, APPELLANT,
v.
RAY JAY KNIPE, III, APPELLEE

Fla. 4th DCA | 1999-05-05
Nos. 98-3235, 98-3898
DELL, POLEN and STEVENSON, JJ., concur.
731 So. 2d 161 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 4 cases

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Synopsis

The Fourth District Court of Appeal affirmed the trial court's judgments in a dissolution of marriage case, rejecting the appellant's argument that the trial court's delay in entering final judgment constituted reversible error. The court held that while Florida rules require judgments within a reasonable time, there is no bright-line rule for per se unreasonable delay, and delay is only reversible when the judgment contains conflicts or inconsistencies suggesting the court forgot the evidence.


Holding

The court affirmed, holding that there is no bright-line rule establishing per se unreasonable delay, and that delay is only reversible when the final judgment contains conflicts or inconsistencies indicating the court forgot or misunderstood the evidence. The trial court's judgments were proper because they contained extensive findings of fact with no such conflicts or inconsistencies.


Headnotes

[1] A trial court's delay in entering a final judgment does not constitute per se reversible error.

[2] Florida Rule of Judicial Administration 2.085(d) provides that 180 days is a reasonable time for contemplation of a contested dissolution case.

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Key Quotes

“the purpose of this rule is to allow the trial court to recall the testimony and demeanor of witnesses and the dynamics of the trial in rendering the final judgment.”

Establishes the underlying rationale for the reasonable time requirement in Florida Rule of Judicial Administration 2.050(f)

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Facts & Procedural History

The appellant filed a Petition for Dissolution of Marriage on July 3, 1996. The trial court entered an initial Final Judgment on October 22, 1997, res…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the Supplemental Final Judgment of Dissolution of Marriage and the Amended Supplemental Final Judgment of Dissolution of Marriage in all respects. We write only to address appellant’s contention that the trial court’s delay in entering a final judgment constituted per se reversible error.

On July 3, 1996, appellant filed her Petition for Dissolution of Marriage; the trial court entered a Final Judgment of Dissolution of Marriage on October 22, 1997 that reserved all other issues for resolution. The court heard testimony and received evidence over a seven month period beginning on June 23, 1997, and ending on January 12, 1998.

On July 21, 1998, the court entered a Supplemental Final Judgment of Dissolution of Marriage that awarded primary residential custody of the parties’ minor children to the former husband.

On October 14, 1998, the trial court entered an Amended Supplemental Final Judgment of Dissolution of Marriage that added a paragraph regarding the parties’ personal property. The former wife appealed both the Supplemental Final Judgment of Dissolution of Marriage and the Amended Supplemental Final Judgment of Dissolution of Marriage on grounds that the trial court allowed an excessive delay between the time of trial and the entry of final judgment.

Florida Rule of Judicial Administration 2.050(f) requires that a judge rule upon and announce an order or judgment on every matter within a reasonable time. “[T]he purpose of this rule is to allow the trial court to recall the testimony and demeanor of witnesses and the dynamics of the trial in rendering the final judgment.” Walker v. Walker, 719 So. 2d 977, 979 (Fla. 5th DCA 1998); see Polizzi v. Polizzi, 600 So. 2d 490, 491 (Fla. 5th DCA 1992). Florida Rule of Judicial Administration 2.085(d) provides that a reasonable time for contemplation of a contested dissolution case is 180 days. However, there is no bright line rule as to the amount of time that would constitute a per se unreasonable delay. See Walker, 719 So. 2d at 979; Tunnage v. Bostic, 641 So. 2d 499 (Fla. 4th DCA 1994).

Florida courts have held that where inconsistencies or conflicts exist in the final judgment, the delay has been unreasonable. See, e.g., City of Miami v. Tarafa Constr., Inc., 696 So. 2d 1275 (Fla. 3d DCA 1997); Caswell v. Caswell, 674 So. 2d 861 (Fla. 2d DCA 1996); McKenzie v. McKenzie, 672 So. 2d 48 (Fla. 1st DCA 1996). However, the courts have refused to reverse a final judgment on grounds of delay where the court’s factual findings are supported by the record or where there is no conflict or inconsistency between pronouncements at the time of trial and the written final judgment. See, e.g., Goosby v. Latorence, 711 So. 2d 577 (Fla. 3d DCA 1998); Florida Air Academy, Inc. v. McKinley, 688 So. 2d 359 (Fla. 5th DCA 1997); Duva v. Duva, 674 So. 2d 774 (Fla. 5th DCA 1996).

Here, the trial court heard testimony regarding the dissolution over the course of seven months. At the conclusion of the evidence, the trial court ordered the court reporter to transcribe the closing arguments for his review. The court also had the transcripts of Dr. Rosa’s and Dr. Zaccheo’s testimony, transcripts of both parties’ depositions, the evidence presented at trial and his trial notes to review before making his determination with respect to the issues in this case. The Supplemental Final Judgment of Dissolution of Marriage and the Amended Supplemental Final Judgment of Dissolution of Marriage contain extensive findings of fact and do not contain conflicts or inconsistencies which demonstrate that the trial court forgot or misunderstood the evidence presented.

Accordingly, we affirm the trial court’s Supplemental Final Judgment of Dissolution of Marriage and the Amended Supplemental Judgment of Dissolution of Marriage.

AFFIRMED.

DELL, POLEN and STEVENSON, JJ., concur.


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Citator

Cited By

  • Knipe v. Knipe, 840 So. 2d 335 (Fla. 4th DCA 2003)
    …he attached visitation schedule for the Nineteenth Judicial Circuit.” Both parents were “encouraged to promote and allow telephone contact between the minor children and the other parent.” This court affirmed the final judgment. See Knipe v. Knipe, 731 So. 2d 161 (Fla. 4th DCA 1999). Soon thereafter, the mother filed a petition for modification. The modification litigation was as contentious and bitter as the original dissolution proceeding. Although the petition originally sought a modification of the child…
  • Leto v. State of Fla. Dep't of Env't Prot., 824 So. 2d 283 (Fla. 4th DCA 2002)
    …verse a final judgment on grounds of delay where the lower court’s factual findings are supported by the record and there is no conflict or inconsistency between pronouncements at the time of trial and the written final judgment. See Knipe v. Knipe, 731 So. 2d 161 (Fla. 4th DCA 1999). Such is the case here. After reading Judge Fleet’s highly-detailed and factually intensive final judgment, there is no question in this court’s collective conscience that he had not “forgotten” or “confused” any of the issues or…

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