RICHARD SCOTT HOFFMAN, APPELLANT,
v.
CHRISTI LOUISE O'CONNOR, APPELLEE
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PER CURIAM.
In this case, the circuit court entered a Final Judgment of Dissolution of Marriage, but retained jurisdiction to determine an equitable distribution of the parties’ marital assets and liabilities. Such an order is not appealable as a final order. See Klein v. Klein, 551 So. 2d 1235 (Fla. 3d DCA 1989). While the order appears final as to the issues addressed, the reservation of jurisdiction over related claims necessarily renders the order nonfinal. See McGurn v. Scott, 596 So. 2d 1042 (Fla.1992). Furthermore, the order need not be deemed final for appellate purposes because the order does not provide for immediate execution of a money judgment. Compare McGurn; Emerald Coast Communications, Inc. v. Carter, 780 So. 2d 968 (Fla. 1st DCA 2001). The appellant’s motion to stay is denied, see Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995), and this case is dismissed without prejudice to the appellant’s right to appeal upon entry of a final order. The appellant’s motion for extension of time is denied as moot.
KAHN, DAVIS and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (42 total)
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Demont v. Demont, 24 So. 3d 699 (Fla. 1st DCA 2009)…; Newman v. Newman, 858 So. 2d 1273 (Fla. 1st DCA 2003) (dismissing appeal where “final” order of dissolution contained conditional [*700] reservation of jurisdiction to determined issues regarding bank and investment accounts); Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002) (dismissing appeal for lack of jurisdiction where trial court retained jurisdiction to determine equitable distribution claim). In response to our order to show cause why the appeal should not be dismissed as premature, Appellan…
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Raymond James & Assocs., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003)…achi v. South Beaches Professional Park Owners’ Assoc., Inc., 841 So. 2d 618 (Fla. 1st DCA 2003) (dismissing appeal of order that reserved jurisdiction to determine amount of interest, legal expenses, and value of improvements); Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002) (holding dissolution of marriage judgment that reserved jurisdiction to determine equitable distribution need not be deemed final). The reasoning of McGurn [*881] and Emerald Coast does not apply to non-final orders that appear n…
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Clemon James Johnson, Jr. v. Johnson, 902 So. 2d 241 (Fla. 1st DCA 2005)…ed a second order to show cause suggesting that an issue of finality appeared on the face of the amended final judgment because the judgment did not appear to determine the parties’ interest in several marital properties, citing Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002). Appellee then filed a motion to dismiss. In this motion, appellee took the position that, notwithstanding this court’s second order to show cause, the amended final judgment was a final appealable order. Appellee took issue, how…
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- Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)
- McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)
- Klein v. Klein, 551 So. 2d 1235 (Fla. 3d DCA 1989)
- Emerald Coast Commc'ns, Inc. v. Carter, 780 So. 2d 968 (Fla. 1st DCA 2001)