KENNETH ELLISON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Joseph v. Joseph, 908 So. 2d 1151 (Fla. 1st DCA 2005)
  …the trial court was not jurisdictionally barred from considering the petition to modify under Florida Rule of Appellate Procedure 9.600(c) and, thus, had erred in dismissing it, we reversed and remanded for further proceedings. See Joseph v. Joseph, 881 So. 2d 66 (Fla. 1st DCA 2004). The parties rightfully concede on appeal that Case No. 1D03-1510 controls the instant proceedings. We had not issued our decision, id., when the trial court issued the dismissal order now challenged by the former husband. Becaus…
• Horowitz v. Horowitz, 139 So. 3d 929 (Fla. 4th DCA 2014)
  …he former husband responded that his petition seeks to modify the support awards prospectively; and, therefore, the modification proceedings will not interfere with the subject matter of the pending appeal. For support, he cites to Joseph v. Joseph, 881 So. 2d 66 (Fla. 1st DCA 2004), and Cooper v. Cooper, 69 So. 3d 977 (Fla. 2d DCA 2011). Analysis Harmonizing the cases, we conclude that the trial court may consider the modification petition incident to its jurisdiction under Rule 9.600(c); however, it may…

Authorities Cited

• Walker v. State, 853 So. 2d 498 (Fla. 1st DCA 2003)