JAMES TALMADGE CRUMBLEY, APPELLANT,
v.
PATRICIA ANN CRUMBLEY, APPELLEE
JAMES TALMADGE CRUMBLEY, APPELLANT,
PATRICIA ANN CRUMBLEY, APPELLEE
362 So. 2d 96
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
An appeal from an order directing appellant to pay arrearages in child support upon pain of being sentenced for contempt. The trial court’s order is deficient only in its failure to make the findings of fact required by Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976). See also Garo v. Garo, 347 So. 2d 418 (Fla. 1977).
The order from which the appeal is taken will be affirmed, but further proceedings upon that order, in the nature of sanctions for contempt, must be predicated upon further findings as required by Faircloth, supra.
AFFIRMED.
SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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W. B. D., Inc. v. Howard Johnson Co., 382 So. 2d 1323 (Fla. 1st DCA 1980)…t in a state of limbo until the judgment in the respective civil or criminal case is rendered. At the time of rendition, the notice of appeal shall mature and shall vest jurisdiction in the appellate court.” See also, Bank of Port St. Joe v. State, 362 So. 2d 96, 98 (Fla.App. 1st DCA 1978). Appellee urges that the case of State v. Wells, 326 So. 2d 175 (Fla.1976) is dispositive of the jurisdictional issue and is the latest pronouncement by the Supreme Court of Florida on this subject. With this position we…
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Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)…with the clerk of the lower tribunal. Failing to file any notice within the 30 day period constitutes an irremediable jurisdictional defect. See Committee Notes to Fla.R. App.P. 9.110(b)(c); Bank of Port St. Joe v. State Dept. of Banking & Finance, 362 So. 2d 96 (Fla. 1st DCA 1978). The notice filed with the administrative agency is usually the document invoking this court’s jurisdiction. That .document was filed on August 21, 1978, more than 30 days after the order of the Board of Review rendered on July…
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Speed v. Fla. Dep't of Legal Affairs, 387 So. 2d 459 (Fla. 1st DCA 1980)…of appeal, but she failed to file until May 15— five days after the time for filing had expired. Because the notice was not filed within the 30-day period following rendition of the order, we do not have jurisdiction. Bank of Port St. Joe v. State, 362 So. 2d 96 (Fla. 1st DCA 1978). Appellant, in her response to appel-lee’s motion to dismiss the appeal contends that since the face of the administrative order as originally issued does not reflect a filing date or a rendition date but does bear a certificate…
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- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Garo v. Garo, 347 So. 2d 418 (Fla. 1977)