BONNIE BARNETT, PETITIONER,
v.
HARRY BARNETT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELLIOT BARNETT, DECEASED, RESPONDENT
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.
The death of a party after a dissolution decree but before a decision on a motion for rehearing does not affect the dissolution decree.
The Fourth District Court of Appeal certified a conflict regarding whether a party's death after a dissolution decree but during the rehearing period …
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.
Explore caselaw by topic → Browse Collateral Matters cases and more on FLexlaw
PER CURIAM.
We have for review the decision in Barnett v. Barnett, 743 So. 2d 105 (Fla. 4th DCA 1999), which held that the death of a party after the entry of a dissolution decree but during the time allotted for filing a motion for rehearing does not affect the dissolution decree and certified conflict with the decision in Johnson v. Feeney, 507 So. 2d 722 (Fla. 3d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in Gaines v. Sayne, 764 So. 2d 578 (Fla.2000), wherein we held that the death of a party after entry of a written, signed judgment of dissolution but prior to the rendition of a decision on a timely motion for rehearing concerning matters collateral to the adjudication of dissolution did not affect the dissolution decree or divest the court of jurisdiction to decide the remaining issues between the parties. Accordingly, we approve the Fourth District’s decision in this case.1
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . We decline to address petitioner's second issue on appeal because it is beyond the scope of the certified conflict in this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)…S, C.J., and WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur. . See §§ 682.01-682.22, Fla. Stat. (2005). . We decline to address the other issues raised by O'Keefe that are beyond the scope of the certified conflict. See Barnett v. Barnett, 768 So. 2d 441, 442 n. 1 (Fla.2000) (declining to address an issue beyond the scope of the certified conflict). . The arbitration agreement interpreted by the Fourth District provided: All claims, disputes and other matters in question arising out of, or relatin…
-
C.A. v. Dep't OF Child. & Families, 16 So. 3d 888 (Fla. 4th DCA 2009)…ning issues between the parties. Id. The collateral consequences as to the remaining issues between the parties — division of property and other financial matters — can still be addressed by the trial court in spite of the death. Barnett v. Barnett, 768 So. 2d 441, 442 (Fla.2000) (death of party after entry of judgment of dissolution did not affect decree or divest court of jurisdiction to decide remaining issues between the parties). Neither the criminal nor DOM rule is an exact fit for this TPR case. We do…
Authorities Cited
- Young Mfg., Inc. v. Brooks, 507 So. 2d 722 (Fla. 3d DCA 1987)
- Gaines v. Sayne, 764 So. 2d 578 (Fla. 2000)
- Barnett v. Barnett, 743 So. 2d 105 (Fla. 4th DCA 1999)