I. IRVING WEINTRAUB, APPELLANT,
v.
CLARA L. WEINTRAUB, APPELLEE

Fla. 1st DCA | 1980-12-04
No. UU-157
BOOTH and LARRY G. SMITH, JJ., concur.
390 So. 2d 824 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 2 cases
Topics
Stay Of Judgment Jurisdiction Of Trial Court Enforcement Of Judgment Motion For Contempt

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Opinion of the Court
MILLS, Chief Judge.

MILLS, Chief Judge.

After the trial court had entered a final judgment of dissolution of marriage and that final order was appealed to this court and after both the trial court and this court denied motions to stay, appellant-husband filed a motion for contempt based on appel-lee-wife’s failure to comply with the final judgment in that she allegedly failed to deliver or make available personal property called for in the judgment.

The trial court entered an order entitled “Order Denying Parties’ Motions for Contempt Judgments” in which it asserted it had no jurisdiction to grant or deny the motion at issue here and another motion by the appellee-wife or to even entertain them. It is from this order that appellant-husband appeals. We reverse.

The trial court has the authority to enforce its orders, judgments, and decrees when enforcement of the award has not been stayed or superseded. Glasser v. Hacket, 37 Fla. 358, 20 So. 532 (1896); Coggan v. Coggan, 183 So. 2d 839 (Fla.2d DCA 1966). Accordingly, we reverse and remand to the trial court for its consideration of appellant’s motion for contempt on the merits.

REVERSED and REMANDED.

BOOTH and LARRY G. SMITH, JJ., concur.

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  • Ruby Mountain Constr. & Dev. Corp. v. Raymond, 409 So. 2d 525 (Fla. 5th DCA 1982)
    …designed to end apparent dilatory tactics on the part of petitioners. An appeal without supersedeas does not deprive the trial court of its authority to enforce the judgment. Glasser v. Hackett, 37 Fla. 358, 20 So. 532 (1896); Weintrab v. Weintrab, 390 So. 2d 824 (Fla. 1st DCA 1980). [*527] The third order awarded respondents costs, pursuant to the appealed final judgment, and as part of the order the trial court awarded attorney’s fees pursuant to section 57.105 in connection with petitioners’ motion for re…

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