JACQUELYN PINDER N/K/A, JACQUELYN DELOMBARD, APPELLANT,
v.
HERBERT PINDER, APPELLEE

Fla. 2d DCA | 2002-06-14
No. 2D01-4702
SALCINES, J., Concurs., BLUE, C.J., Concurs with opinion.
817 So. 2d 1104 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 9 cases

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.

Synopsis

In the second appeal of this dissolution of marriage case, the former wife challenged the trial court's interpretation of appellate instructions regarding lump sum alimony and a temporary restraining order on her out-of-state property. The appellate court held it lacked jurisdiction over the alimony issue but addressed the injunction, affirming its issuance but reversing for failure to require a bond as mandated by Florida civil procedure rules.


Holding

The court lacked jurisdiction to address the lump sum alimony interpretation issue as it was not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3). The temporary injunction was properly issued, but the trial court erred in failing to require a bond as a prerequisite, as Florida Rule of Civil Procedure 1.610(b) mandates such a bond without discretion to waive it.


Headnotes

[1] A trial court's interpretation of appellate instructions on remand is not an appealable nonfinal order unless it falls within the enumerated categories of Florida Rule of…

[2] A temporary injunction is an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(B).

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Key Quotes

“We conclude that we are without jurisdiction to address the trial court's interpretation of our instructions on the lump sum alimony issue as it is not one of the appealable nonfinal orders enumerated in Florida Rule of Appellate Procedure 9.130(a)(3).”

Establishes the court's lack of jurisdiction over the alimony interpretation issue and the limitation on appealable nonfinal orders.

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Facts & Procedural History

This is the second appearance of the parties in a dissolution of marriage case involving complicated financial affairs. The trial court imposed a temp…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
CASANUEVA, Judge.

CASANUEVA, Judge.

This is the second appearance of the parties before us in this dissolution of marriage case that is noteworthy for the complicated financial affairs of the parties. In the first appeal, Pinder v. Pinder, 750 So. 2d 651 (Fla. 2d DCA 1999), the former wife raised six issues and the former husband raised five on a cross-appeal.

We reversed in part and affirmed in part the final judgment of dissolution with instructions to the trial court on remand. As the trial court was wrestling with the issues before it on remand, the former wife brought this appeal from a nonfinal order raising two points: the trial court’s interpretation of our instructions to it in the previous appeal on the lump sum alimony issue, Pinder, 750 So. 2d at 653, and its imposition of a temporary restraining order against her prohibiting her from encumbering or disposing of her out-of-state property.

We conclude that we are without jurisdiction to address the trial court’s interpretation of our instructions on the lump sum alimony issue as it is not one of the appealable nonfinal orders enumerated in Florida Rule of Appellate Procedure 9.130(a)(3). We have jurisdiction to address the temporary injunction, see rule 9.130(a)(3)(B), and again reverse in part and affirm in part.

We affirm' that part of the order imposing the temporary injunction because the former wife, as the appellant, has not carried her burden to show that it was error to do so. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).

However, it was error for the trial court to fail to require a bond as a prereq uisite to the temporary injunction order. See Fla. R. Civ. P. 1.610(b) (“No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.”).

Under the compulsory language of the rule, the trial court has no discretion to dispense with the requirement of a bond. Bellach v. Huggs of Naples, Inc., 704 So. 2d 679 (Fla. 2d DCA 1997); Doss v. Doss, 643 So. 2d 1170 (Fla. 2d DCA 1994).

On remand, the trial court shall set the bond after providing both parties with the opportunity to present evidence regarding the appropriate amount. The nonfínal order imposing the temporary injunction is affirmed but the cause is remanded for further proceedings to set the amount of the bond.

SALCINES, J., Concurs.

BLUE, C.J., Concurs with opinion.

Concurrence
BLUE, Chief Judge,

BLUE, Chief Judge,

Concurring.

As the author of the original opinion, I must add my two cents. In the first appeal, Mrs. Pinder challenged both the trial court’s decision to award alimony to Mr. Pinder AND the trial court’s decision to use a nonmarital asset as lump sum alimony. Mr. Pinder argued that the trial court erred by characterizing the Florida house as a nonmarital asset and by failing to give him credit for its enhanced value. Against this backdrop of interrelated issues, we affirmed the trial court’s finding that the Florida house was a nonmarital asset. We directed the trial court to decide whether its value had been enhanced by marital assets or labor and to distribute any enhancement it found. We also affirmed the trial court’s decision to award Mr. Pinder alimony and, thus, rejected Mrs. Pinder’s challenge to the alimony decision. Pinder, 750 So. 2d at 653. We also held that other, significant assets were nonmarital, which would remove the assets from the equitable distribution and substantially improve Mrs. Pinder’s financial situation.

In the current appeal, Mrs. Pinder argues that the trial court is erring on remand by leaving the Florida house as lump sum alimony. Although we lack interlocutory jurisdiction over this issue, I am compelled to point the trial court and the parties to this court’s express directions for handling this case on remand: “After reconsideration of all pertinent issues, the trial court should refashion the equitable distribution scheme. Subsequent to that, the trial court should redetermine Mr. Pinder’s need for alimony and Mrs. Pinder’s ability to pay.” Pinder, 750 So. 2d at 653 (emphasis added). I read the above to direct the court to start over on the alimony question after the equitable distribution has been corrected. I do not read this to approve or disapprove any of the possibilities available to the trial court in fashioning an alimony provision.


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Citator

Cited By

  • Forrest v. Citi Residential Lending, Inc., 73 So. 3d 269 (Fla. 2d DCA 2011)
    …il Procedure 1.610(b). On remand, the circuit court shall promptly set the bond in an appropriate amount after providing the parties to the litigation and the interested nonparties with an opportunity to be heard on this issue. See Finder v. Finder, 817 So. 2d 1104, 1105 (Fla. 2d DCA 2002). Affirmed in part, reversed in part, and remanded. KHOUZAM and MORRIS, JJ., Concur. . "YouTube is a video sharing service that allows users to watch videos posted by other users and upload videos of their own.” Tech Terms…
  • Hinckley v. Dep't OF Revenue, 927 So. 2d 73 (Fla. 2d DCA 2006)
    …on States Mut. Ins. v. D’Alto, 879 So. 2d 67, 69 (Fla. 1st DCA 2004) (“Jurisdiction to hear an appeal from a nonfinal order is limited to the kinds of orders referred to in rule 9.130 of the Florida Rules of Appellate Procedure.”); Pinder v. Pinder, 817 So. 2d 1104, 1105 (Fla. 2d DCA 2002). The circuit court’s order also did not resolve all matters between the parties or dismiss the case for lack of subject matter jurisdiction. Indeed, the Department’s complaint as to paternity and child support remains pendi…
  • Pinder v. Jacquelyn Pinder, 911 So. 2d 870 (Fla. 2d DCA 2005)
    …s from remand proceedings below and is the third appeal taken in this dissolution of marriage action. See Pinder v. Pinder, 750 So. 2d 651 (Fla. 2d DCA 1999) (appealing final judgment of dissolution of mar [*872] riage) (Pinder I); Pinder v. Pinder, 817 So. 2d 1104 (Fla. 2d DCA 2002) (appealing interlocutory orders) (Pinder II). The trial court’s parameters, on remand, were set forth by this court in Pinder I and discussed by the concurring opinion in Pinder II. We reverse and remand the second amended final j…

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