WILLIAM EDWARD BOSWELL, SR., APPELLANT,
v.
BETSY MARIE BOSWELL, APPELLEE
PER CURIAM.
Upon consideration fof the record and brief of appellant, appellee having failed to provide the court with a brief, we determine the order of the trial court bearing date December 14, 1976 modifying alimony and adjudicating property rights to be void in its entirety for lack of the trial court to provide for alimony in the final judgment of dissolution of marriage or reserve jurisdiction for future determination. Weiss v. Weiss, 118 So. 2d 833 (Fla.3d DCA 1960). The change of property rights is also void for lack of jurisdiction. Finston v. Finston, 160 Fla. 935, 37 So. 2d 423 (1948). Accordingly, the order bearing date December 14, 1976 is reversed.
Reversed.
CROSS and DAUKSCH, JJ., concur. ANSTEAD, J., concurs in conclusion only.
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Davis v. Rosman Charles Dieujuste, 496 So. 2d 806 (Fla. 1986)…e rule set forth in Cooper has been generally followed in this state. See Estabrook v. Wise, 348 So. 2d 355 (Fla. 1st DCA), cert. denied, 354 So. 2d 980 (Fla.1977), cert. denied, 435 U.S. 971, 98 S.Ct. 1612, 56 L.Ed.2d 63 (1978); Boswell v. Boswell, 352 So. 2d 91 (Fla. 4th DCA 1977); Simon v. Simon, 293 So. 2d 780 (Fla. 3d DCA 1974); Thompson v. Thompson, 223 So. 2d 95 (Fla. 2d DCA 1969). However, the Cooper decision was completely overlooked in Vandervoort v. Vandervoort, 277 So. 2d 43 (Fla. 3d DCA 1973). I…
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Cyrilla Ann Harrell v. Harrell, 515 So. 2d 1302 (Fla. 3d DCA 1987)…of the parties have been established in a final judgment of dissolution, a chancellor may not subsequently enter post judgment orders redetermining those rights. Schneider v. Schneider, 296 So. 2d 77 (Fla. 3d DCA 1974). See also Boswell v. Boswell, 352 So. 2d 91 (Fla. 4th DCA 1977) (order held void for lack of jurisdiction as property rights may not be adjudicated where not determined in final judgment and without reservation of jurisdiction). Once a trial court enters a final judgment and the time for fili…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roslyn S. Finston v. Finston, 160 Fla. 935 (Fla. 1948)
- Weiss v. Weiss, 118 So. 2d 833 (Fla. 3d DCA 1960)