DOUGLAS J. DAVIES, APPELLANT,
v.
LAURIE DAVIES, APPELLEE
DOUGLAS J. DAVIES, APPELLANT,
LAURIE DAVIES, APPELLEE
833 So. 2d 167
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
BARFIELD, KAHN, JJ., concur, and BROWNING, J., concurs with separate opinion.
Concurrence
BROWNING, J.,
concurring opinion.
I join in the majority opinion, because the issues addressed in Appellant’s motion for temporary relief pending appeal are now moot. However, absent mootness, it is very clear to me that the trial court reversibly erred by determining that he did not have jurisdiction to hear such motion. Atlas v. Atlas, 708 So. 2d 296 (Fla. 4th DCA 1998). There is absolutely no impediment to a trial court’s granting prospective downward modification as to prospective payments as requested in Appellant’s motion under Florida Rule of Appellate Procedure 9.600(c)(1).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Joseph v. Joseph, 881 So. 2d 66 (Fla. 1st DCA 2004)…he trial judge had jurisdiction to consider the petition pursuant to Florida Rule of Appellant Procedure 9.600(c). Atlas v. Atlas, 708 So. 2d 296 (Fla. 4th DCA 1998); Merlan v. Merhige, 690 So. 2d 678 (Fla. 3d DCA 1997).1 See also Davies v. Davies, 833 So. 2d 167 (Fla. 1st DCA 2002) (Browning, J., concurring). REVERSED and REMANDED for further proceedings. BARFIELD and VAN NORTWICK, JJ., concur; and WOLF, C.J., concurs in result. . Appellee’s reliance on Campbell v. Campbell, 436 So. 2d 374 (Fla. 5th…
Authorities Cited
- Atlas v. Atlas, 708 So. 2d 296 (Fla. 4th DCA 1998)