BRENDA F. BENDER, APPELLANT,
v.
ROBERT J. BENDER, APPELLEE
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SAWAYA, J..
We dismiss this appeal for lack of jurisdiction because the final judgment for dissolution of marriage is a non-final judgment that reserves jurisdiction in the trial court for one year “in regard to the propriety of an award of alimony.” See St. Johns River Water Mgmt. Dist. v. Koontz, 861 So. 2d 1267, 1268 (Fla. 5th DCA 2003) (“Although the order entered below was labeled a “Final Judgment,” it was not a final order. A final order is one which does not contemplate further judicial labor.”) (citing McGurn v. Scott, 596 So. 2d 1042, 1044 (Fla.1992) (“It is well settled that a judgment attains the degree of finality necessary to support an appeal when it adjudicates the merits of the cause and disposes of the action between the parties, leaving no judicial labor to be done except the execution of the judgment.”)).
APPEAL DISMISSED.
PLEUS, C.J. and PALMER, J., concur.
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Frierson v. State, 114 So. 3d 980 (Fla. 5th DCA 2012)…s in determining credit awards does not reflect the agreement as alleged by the appellant.1 Only the trial court can correct the written sentencing documents to properly reflect the accepted plea agreement, if they are deficient. See Jones v. State, 931 So. 2d 282 (Fla. 5th DCA 2006) (citing Cowart v. State, 749 So. 2d 506 (Fla. 2d DCA 1999) (claim that defendant was promised more prison credit by trial court than DOC is now providing should be raised pursuant to rule 3.850 as motion either to enforce or with…
Authorities Cited
- McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)
- Merrill v. Roxie Merrill, 861 So. 2d 1267 (Fla. 3d DCA 2003)
- ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz, Jr., 861 So. 2d 1267 (Fla. 5th DCA 2003)