RONALD PLAVNICKY, PETITIONER,
v.
LAURIE DELUICIA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court vacated trial judge's orders entered during appellate stay for lack of jurisdiction, denied petitions for prohibition and mandamus challenging judge's impartiality, and allowed reissuance by successor judge.
Orders entered by a trial judge after an appellate court issues a stay pursuant to a writ of prohibition petition are void for lack of jurisdiction and must be vacated.
[1] A trial court is divested of jurisdiction to enter orders while an appellate stay issued pursuant to a writ of prohibition petition remains in effect, and any orders so e…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlavnicky petitioned for writs of prohibition and mandamus in post-dissolution proceedings, and the appellate court issued a show cause order that aut…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Post-Dissolution Proceedings cases and more on FLexlaw
PER CURIAM.
Ronald Plavnicky petitioned this court for a writ of prohibition to prevent the trial judge from presiding in the post-dissolution matters pending below. Plavnicky also petitioned this court for a writ of mandamus to compel the trial judge to rule on a pending motion for disqualification. On February 6, 2007, this court issued the former wife orders to show cause why the petitions should not be granted. Issuing the show cause order on the petition for writ of prohibition automatically stayed the proceedings in the trial court pursuant to Florida Rule of Appellate Procedure 9.100(h). However, the trial judge subsequently ruled on the motion for disqualification and entered some additional orders regarding contempt proceedings. Plavnicky then filed a second petition for writ of prohibition.
The trial judge did not have jurisdiction while the stay was in effect, and as a result, these orders are a nullity. See Leslie v. Leslie, 840 So. 2d 1097 (Fla. 4th DCA 2003). Accordingly, the orders entered after the February 6, 2007 show cause order are vacated without prejudice for the judge to reissue the orders. The three petitions are otherwise denied. The record does not show that the successor judge is in fact “not fair and impartial.” Fla. R. Jud. Admin. 2.330(g).
WARNER, POLEN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Inphynet Contracting Servs., Inc. v. David M. Soria, M.D., 37 So. 3d 299 (Fla. 4th DCA 2010)…-5170, involving the same underlying case, had the effect of staying proceedings in the circuit court. See Fla. R.App. P. 9.100(h). The circuit court lacked jurisdiction to rule on the motion while proceedings were stayed. See Plavnicky v. Deluicia, 954 So. 2d 1178 (Fla. 4th DCA 2007); Leslie v. Leslie, 840 So. 2d 1097 (Fla. 4th DCA 2003). We vacate the order entered during the stay and dismiss the petition in 4D10-644 as premature. GROSS, C.J., MAY, and LEVINE, JJ„ concur. . For example, petitioners’ cla…
-
Yanping Ming v. NS FOA, LLC (Fla. 4th DCA 2020)…unced. Ross v. Ross, 77 So. 3d 238, 239 (Fla. 4th DCA 2012) (citations omitted). But it is unclear if that is what occurred here. After we stayed further proceedings, the court was not permitted to take any action. See Plavnicky v. Deluicia, 954 So. 2d 1178, 1178 (Fla. 4th DCA 2007) (citing Leslie v. Leslie, 840 So. 2d 1097 (Fla. 4th DCA 2003)) (holding that orders entered during a stay are a nullity). Therefore, the two orders entered during the stay are quashed, and the successor judge shall cons…
-
Webking v. Webking, 47 Fla. L. Weekly D622 (Fla. 1st DCA 2022)…g petition for writ of prohibition and quashing discovery order where lower tribunal lacked jurisdiction because appellate court issued a show cause order in a separate prohibition case that stayed proceedings below); see also Plavnicky v. Deluicia, 954 So. 2d 1178 (Fla. 4th DCA 2007). As a result, we GRANT the petition for writ of prohibition and QUASH the challenged order. BILBREY and LONG, JJ., concur; WINOKUR, J., concurs with opinion. _____________________________ Not final until disposition of any ti…
Authorities Cited
- Leslie v. Leslie, 840 So. 2d 1097 (Fla. 4th DCA 2003)