RONALD J. MARZULLO
v.
JOYCE MARZULLO, A/K/A JOYCE BRYAN
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An order modifying alimony and retroactive alimony is final and appealable, but the portion awarding retirement benefits is not final and nonappealable when the trial court expressly reserves jurisdiction to determine the amount.
[1] An appeal from an order granting a party a share of retirement benefits is nonfinal and nonappealable when the trial court has not yet set an amount for the award of curr…
[2] An order is not final and thus subject to dismissal of appeal when the trial court reserves jurisdiction to determine the amount due to a party and to enter a judgment fo…
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Join FLexlaw to unlock all legal intelligence“where trial court reserved jurisdiction to determine amount due to one party and to enter a judgment for that amount in that party's favor, the order on appeal was not final and thus dismissal of appeal was appropriate”
Court's rationale for dismissing the portion of the appeal regarding retirement benefits
Former husband Ronald Marzullo appealed a trial court order denying his supplemental counter petition for modification of alimony while granting forme…
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Appeal from the Circuit Court for Manatee County; Edward Nicholas, Judge.
Ronald J. Marzullo, pro se.
Joyce Marzullo a/k/a Joyce Bryan, pro se.
PER CURIAM.
In this appeal, the former husband, Ronald J. Marzullo, challenges a nonfinal order denying his supplemental counter petition for modification of alimony and for retroactive modification of alimony and granting the former wife, Joyce Marzullo's,
supplemental counter petition for modification of alimony, for retroactive alimony, for modification of retirement benefits, and for retroactive retirement benefits and payment of alimony arrears. We dismiss the appeal in part as it pertains to the portion of the order granting the former wife a share of the former husband's retirement benefits. That portion of the order is nonfinal and nonappealable as the trial court has not yet set an amount for the award of either current or retroactive retirement benefits and, in fact,
expressly reserved jurisdiction to set the amount for retroactive retirement benefits and to enter an order to that effect. Cf. Rollins Fruit Co. v. Wilson, 923 So. 2d 516, 519-20 (Fla. 2d DCA 2005) (holding that where trial court reserved jurisdiction to determine amount due to one party and to enter a judgment for that amount in that party's favor,
the order on appeal was not final and thus dismissal of appeal was appropriate). In all other respects, the order on appeal is affirmed.
Affirmed in part; dismissed in part.
LaROSE, C.J., and MORRIS and ATKINSON, JJ., Concur.
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Citator
Authorities Cited
- Durrance v. State of Fla. & James V. Crosby, Jr., 923 So. 2d 516 (Fla. 1st DCA 2005)
- Rollins Fruit Co., Inc. v. L.S. Wilson, III, 923 So. 2d 516 (Fla. 2d DCA 2005)