PAULO CESAR MANTEGAZZA POMELLI
v.
PAOLA MANTEGAZZA POMELLI
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In this Florida divorce case involving substantial assets held in foreign entities, the appellate court affirmed a trial court's final judgment distributing assets from Florida limited liability companies owned by a British Virgin Islands holding company, but quashed a provision preserving a writ of bodily attachment as moot.
The court affirmed the final judgment distributing the assets but quashed paragraph 10 preserving the writ of bodily attachment as moot, finding that interlocutory proceedings are merged into and disposed of by the final judgment.
[1] All interlocutory proceedings, including writs of bodily attachment, are merged into and disposed of by a final judgment and cannot be separately preserved or maintained.
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Join FLexlaw to unlock all legal intelligence“All interlocutory proceedings . . . are merged into and disposed of by the final judgment.”
The foundational principle underlying the court's decision to quash the preservation of the writ of bodily attachment as moot.
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Join FLexlaw to unlock all legal intelligenceThe case involves a former husband and wife whose assets include interests in PMP Holding, Ltd., a British Virgin Islands company that owns various Fl…
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Opinion filed April 24, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0166 Lower Tribunal No. 18-12194
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Paulo Cesar Mantegazza Pomelli, et al.,
Appellants,
vs.
Paola Mantegazza Pomelli,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. The Strategic Legal Group, PLLC, and Carl D. Berry (Boca Raton), for appellants. The Alderman Law Firm, and Amy Steele Donner; Nelson Mullins, and Kimberly J. Freedman and Erin K. Kolmansberger, for appellee. Before LOGUE, C.J., and SCALES and LINDSEY, JJ. PER CURIAM. Appellants challenge a December 30, 2022 final judgment, along with a January 4, 2023 order denying rehearing of the final judgment. Consistent with orders rendered in a Brazilian divorce proceeding, the final judgment disbursed assets in Florida held by various Florida limited liability companies owned by PMP Holding, Ltd., a British Virgin Islands company that is owned by the former husband and former wife.1 Also, in paragraph 10 of the challenged judgment, the trial court expressly preserved an October 11, 2019 writ of bodily attachment that the trial court issued after the former husband failed to attend a hearing at which the former husband was to show cause as to why the former husband violated a prior court order. We affirm the final judgment in all respects, except that we quash paragraph 10 of the final judgment because it has been mooted by our affirmance of the final judgment. See, e.g., Oliver v. Stone, 940 So. 2d 526, 529 (Fla. 2d DCA 2006) (“All interlocutory proceedings . . . are merged into and disposed of by the final judgment.”).
Affirmed in part; quashed in part.