BETTY JO EBELING, PETITIONER,
v.
JACKIE LARRY EBELING, RESPONDENT
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JOANOS, Judge.
This cause is before us on petition for certiorari brought pursuant to Rule 9.030(b)(3), Florida Rules of Appellate Procedure, to review the decision of the circuit court in entering a judgment dissolving a marriage but retaining jurisdiction to later decide all other issues. The circumstances here may or may not rise to the level necessary to make split-proceedings in the best interests of the parties as required by our Florida Supreme Court in Claughton v. Claughton, 393 So. 2d 1061 (Fla.1980). We do not need to make that determination for petitioner has failed to demonstrate any prejudice that she has suffered as a result of the action taken by the trial court. This lack of prejudice is especially apparent because of the representation made of respondent’s consent for the entry of any order necessary to maintain the status quo as to the unresolved issues. We therefore, within the discretion vested in us, deny the issuance of the writ requested.
Petition for Writ of Certiorari denied.
SMITH and ZEHMER, JJ., concur.
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Foxbridge, Inc. v. Tartan-Laver Delray, Inc., 528 So. 2d 1255 (Fla. 4th DCA 1988)…ich made it appear inequitable to enforce the final judgment against the garnishee, he should have exercised his discretion and set aside the final judgment pursuant to Fla.R,Civ.P. 1.540. Id. at 713. See also, Adams v. ICMA Retirement Corporation, 452 So. 2d 1001 (Fla. 1st DCA 1984). Similarly, by not acting to relieve the inequity apparent in this judgment, where the garnishee did not have actual notice of .the garnishment proceedings against it, the lower court abused its discretion. Accordingly, we rever…
Authorities Cited
- Claughton v. Claughton, 393 So. 2d 1061 (Fla. 1980)