RICHARD WAYNE JOSEPH, APPELLANT,
v.
MELISSA WHITLEY JOSEPH, APPELLEE
Explore caselaw by topic → Browse Modification Of Alimony cases and more on FLexlaw
BROWNING, J.
The former husband, Richard W. Joseph, appeals the trial court’s final order of dismissal of his “Amendment to Additional Supplemental Petition to Modify Alimony Provisions of the Amended Final Judgment and Orders Related Thereto.” In Case No. 1D03-1510, the former husband appealed the dismissal of his previous petition to modify alimony. Concluding that 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. Because the trial court had jurisdiction to consider the amended supplemental petition, we REVERSE the dismissal order and REMAND for further proceedings.
KAHN, C.J., and THOMAS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jackson-Shaw Co. v. Jacksonville Aviation Auth., 8 So. 3d 1076 (Fla. 2008)…ct matter, (4) a right to share in the profits and (5) a duty to share in any losses which may be sustained.” M6 The absence of one of the elements precludes a finding of a joint venture. USA Independence Mobilehome Sales, Inc. v. City of Lake City, 908 So. 2d 1151, 1158 (Fla. 1st DCA 2005) (citing Austin v. Duval County Sch. Bd., 657 So. 2d 945, 948 (Fla. 1st DCA 1995)). Moreover, in a joint venture, the parties have the right and authority to bind the others with reference to the subject matter of the joint…
-
Grace "Olivia" Martin v. Martin, 923 So. 2d 1236 (Fla. 1st DCA 2006)…rivener’s Errors and Miscalculations While factual findings by the circuit court are afforded deference on review, scrivener’s errors and miscalculations must be corrected on remand. See USA Independence Mobilehome Sales, Inc. v. City of Lake City, 908 So. 2d 1151, 1154 (Fla. 1st DCA 2005) (citation omitted); Dolan v. Dolan, 790 So. 2d 447 (Fla. 3d DCA 2000). The circuit court made a mathematical error when adding up former husband’s assets. Specifically, the circuit court determined the total value of former…
-
E & H Cruises, Ltd. v. Baker, 88 So. 3d 291 (Fla. 3d DCA 2012)…quoting Kislak, 95 So. 2d at 514-15). It is well-established that “[t]he absence of one of the elements precludes a finding of a joint venture.” Jackson-Shaw Co., 8 So. 3d at 1089 (citing USA Independence Mobilehome Sales, Inc. v. City of Lake City, 908 So. 2d 1151, 1158 (Fla. 1st DCA 2005)). Here, there is nothing in the record to substantiate that there was “joint control or right of control” between RCCL and E & H. The Tour Operator Agreement specifies that E & H “acknowledges that the control and responsib…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellison v. State, 881 So. 2d 66 (Fla. 1st DCA 2004)
- Joseph v. Joseph, 881 So. 2d 66 (Fla. 1st DCA 2004)