VICTOR SCONIERS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Lohman v. Carnahan, 963 So. 2d 985 (Fla. 4th DCA 2007)
  …is not. A state of limbo exists when a divorce proceeding is pending and a marriage is on the road to dissolution. The bonds of matrimony are terminated by either death or a Chapter 61, Florida Statutes (2006), final judgment. See Marlowe v. Brown, 944 So. 2d 1036 (Fla. 4th DCA 2006). Under Florida Family Law Rule 12.420(a), the parties may file a voluntary dismissal without prejudice that does “not operate as an [*988] adjudication on the merits.” 1 The effect of a voluntary dismissal is “to remove completel…
• Topol v. Joely Polokoff, 88 So. 3d 341 (Fla. 4th DCA 2012)
  …So. 2d 52, 54 (Fla. 4th DCA 2006) (citing Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000)). The dissolution of marriage proceedings were properly dismissed upon the death of appellant’s husband. See Marlowe v. Brown, 944 So. 2d 1036, 1040 (Fla. 4th DCA 2006). In Marlowe, the husband died before the entry of a final judgment of dissolution of marriage. Before his death, at the beginning of the divorce case, he had entered into a “mediation settlement agreement.” Id. at 1037. The…
• Mercurio v. Headrick, 983 So. 2d 773 (Fla. 1st DCA 2008)
  …ce action in which both parties filed petitions for dissolution, the Fourth District held, “The dissolution of marriage action terminated with the death of the husband and the dissolution judge should have dismissed the case upon the wife’s motion.” 944 So. 2d 1036, 1039 (Fla. 4th DCA 2006). Other cases reach a like result. See, e.g., Simpson v. Simpson, 473 So. 2d 299, 299 (Fla. 3d DCA 1985) (“We agree with the trial court that the action for dissolution of marriage terminated with the death of the wife and w…