MILTON THOMAS, APPELLANT,
v.
KATHY A. THOMAS, APPELLEE
MILTON THOMAS, APPELLANT,
KATHY A. THOMAS, APPELLEE
902 So. 2d 881
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of April 8, 2005,- the Court has determined that the order captioned as a “Final Order of Dissolution of Marriage” is not a final order. Specifically, the lower tribunal’s reservation of jurisdiction to consider the issue of a possible reduction in the value of any IRA or pension plan by the appellant, indicates that the lower tribunal’s judicial labor is incomplete and renders the order nonfinal. See Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002). Accordingly, the appeal is hereby dismissed as premature.
ERVIN, PADOVANO and THOMAS, JJ., Concur.
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Demont v. Demont, 24 So. 3d 699 (Fla. 1st DCA 2009)…refore, the order on appeal is not ap-pealable as a final order. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla.2002) (reaffirming traditional test for finality requiring that “no further action by the court will be necessary”); Thomas v. Thomas, 902 So. 2d 881 (Fla. 1st DCA 2005) (dismissing appeal where “final” order of dissolution reserved jurisdiction to consider reduction in value of asset distributed in equitable distribution); Newman v. Newman, 858 So. 2d 1273 (Fla. 1st DCA 2003) (dismissing appeal…
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Dep't of Hwy. Safety & Motor Vehicles v. Berne, 49 So. 3d 779 (Fla. 5th DCA 2010)…lood or breath....” § 816.1934(5), Fla. Stat. (2005); see also § 316.1934(2)(c), Fla. Stat. (2005) (providing that an individual’s test result of 0.08 or higher is prima facia evidence that the person was impaired); Gurry v. Dep’t of Highway Safety, 902 So. 2d 881, 884 (Fla. 5th DCA 2005); Alliston at 142; Mowry at 659; Russell at 1076. After the affidavit is admitted, the burden shifts from the Department to the party challenging the license suspension to overcome the presumption of impairment. Berne attemp…
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Wright v. Wright, 82 So. 3d 1064 (Fla. 1st DCA 2011)…these issues “necessarily renders the order nonfi-nal.” Id.; see Canfield v. Cantele, 837 So. 2d 371, 375 (Fla.2002) (reaffirming the traditional test for finality requiring that “no further action by the court will be necessary”); Thomas v. Thomas, 902 So. 2d 881 (Fla. 1st DCA 2005) (dismissing appeal where “final” order of dissolution reserved jurisdiction to consider reduction in value of asset distribution in equitable distribution). Because this appeal is from an order containing similar reservations of…
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- Hoffman v. Christi Louise O'Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002)