BARBARA JANANN FINE
v.
CLIFFORD TRAVIS FINE

Fla. 4th DCA | 2022-06-01
No. 21-1689
Marton
Florida District Court of Appeal, Fourth District (2022)

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Synopsis

Barbara Janann Fine appealed a second amended final judgment in her divorce from Clifford Travis Fine, challenging various provisions. The appellate court had previously partially reversed an earlier judgment in the same case. The court now reverses the second amended judgment and directs the trial court to re-enter a third amended judgment with clarification regarding the commencement date for extracurricular expenses.


Holding

The court reversed the second amended final judgment and directed the trial court to re-enter the third amended final judgment with clarification of the commencement date for the extracurricular expenses provision.


Headnotes

[1] When a trial court is relinquished jurisdiction for the limited purpose of correcting a scrivener's error in a judgment, the appellate court may direct re-entry of the co…

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Facts & Procedural History

Barbara Janann Fine and Clifford Travis Fine were involved in a divorce proceeding that generated multiple appeals and amended judgments. A prior appe…

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Opinion of the Court

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James L. Martz, Judge; L.T. Case Nos. 502018DR010151 and 502018DR010151XXXXSB.

Michael S. Bendell of Michael Bendell, P.A., Boca Raton, for appellant. Stacey D. Mullins of GrayRobinson, P.A., Boca Raton, for appellee. PER CURIAM. In these consolidated cases, Barbara Janann Fine (the former wife) challenges the second amended final judgment entered in her divorce from Clifford Travis Fine. In a prior appeal, this court partially reversed an amended final judgment entered in the case. See generally Fine v. Fine, 308 So. 3d 172 (Fla. 4th DCA 2020). Now we reverse the second amended final judgment currently being appealed and direct the trial court on remand to re-enter the third amended final judgment which it rendered during the pendency of these appeals.1 In re-entering the third amended judgment, the trial court is directed to clarify the commencement date for the operative provisions of the paragraph entitled “Extracurricular Expenses.”

Reversed and remanded with instructions. CONNER, C.J., FORST and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

Footnotes
1 During briefing, we relinquished jurisdiction to the trial court “for the limited purpose of entering a third amended final judgment correcting the scrivener’s error” referenced in the former wife’s appeal. Unfortunately, the trial court did not enter the third amended judgment until after the relinquishment period granted by this court had already expired.

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