DAVID MARKIN, PETITIONER,
v.
SUSAN MARKIN, RESPONDENT
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The court held that a prior stay order, conditioned on posting a bond, prevented the trial court from entertaining further proceedings regarding partition.
The petitioner sought a writ of prohibition to prevent the trial court from proceeding with a summary judgment of partition. The issue was identical t…
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PER CURIAM.
We grant this petition for writ of prohibition filed by David Markin to prevent the trial court from entertaining further proceedings following its February 3, 2004 order granting the respondent, Susan Markin’s, motion for summary judgment of partition.
The issue raised is identical to that resolved as to these parties in Markin v. Markin, 877 So. 2d 785 (Fla. 4th DCA 2004). There, we said:
... this court’s prior stay order controls the disposition of this petition.
Whether automatic or discretionary, this court has previously ordered a stay conditioned on the posting of a substantial bond in the underlying appeal from the final judgment of dissolution. The former husband has posted the bond. This stayed any further action by the trial court that affects the final judgment of dissolution as it relates to equitable distribution. We must give effect to the prior stay order of this court. We therefore grant the petition and direct the trial court to refrain from any proceeding affecting the equitable distribution ordered in the final judgment of dissolution.
Id. at 787.
Similarly, with respect to the partition order, a valid stay was in place. The posting of the bond stayed further proceedings affecting the final judgment as it relates to equitable distribution. The provisions for the property in question were included under the amended final judgment’s provisions for equitable distribution.
As in Markin, we grant the petition and direct the trial court to refrain from further proceedings as to the property included within the equitable distribution.
STONE, WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Markin v. Markin, 898 So. 2d 230 (Fla. 4th DCA 2005)…IAM. As conceded in Former Wife’s answer brief, the trial court erred in entering the written order granting final summary judgment of partition after Former Husband posted a $25 million dollar bond, as ordered by this court. See Markin v. Markin, 884 So. 2d 469 (Fla. 4th DCA 2004) (granting a writ of prohibition for further proceedings concerning the partition of the Blossom Way property and finding the stay in effect for all related proceedings). We, therefore, reverse the partition judgment and remand.…
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Markin v. Markin, 898 So. 2d 229 (Fla. 4th DCA 2005)…rt of the equitable distribution plan. The former husband contends that the trial court erred by appointing a receiver to collect a judgment when the payment of that judgment was stayed by the posting of a bond with this Court. See Markin v. Markin, 884 So. 2d 469 (Fla. 4th DCA 2004); Markin v. Markin, 877 So. 2d 785 (Fla. 4th DCA 2004). Because the equitable distribution plan of the final judgment of dissolution was stayed at the time of the entry of the order appointing a receiver, the order was a nullity.…
Authorities Cited
- Markin v. Markin, 877 So. 2d 785 (Fla. 4th DCA 2004)