STEVEN ALLEN GREENBERG, PETITIONER,
v.
THE HONORABLE JAMES T. CARLISLE, AS CIRCUIT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, RESPONDENT
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A writ of prohibition is denied because the trial court retains jurisdiction to rule on a contempt motion for child support nonpayment, even pending an appeal of the support order, as long as the ruling does not interfere with the appellate court's jurisdiction.
Petitioner sought a writ of prohibition to prevent the respondent judge from ruling on a contempt motion for failure to pay child support. Petitioner …
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PER CURIAM.
Petitioner seeks a writ of prohibition prohibiting respondent, The Honorable James T. Carlisle, from ruling on a motion for contempt for failure to pay child support. Petitioner contends that since he has filed a timely appeal of the child support order, the nonpayment of which is the subject matter of the contempt proceeding, the trial court is devoid of jurisdiction pending determination of the issues by the appellate court. He relies upon Strauser v. Strauser, 303 So. 2d 663 (Fla. 4th DCA 1974).
This court expressly disapproved the Strauser principle in Waltham A. Condominium Association v. Village Management, Inc., 330 So. 2d 227 (Fla. 4th DCA 1976). In FMS Management Systems, Inc. v. IDS Mortgage Corp., 402 So. 2d 474 (Fla. 4th DCA 1981) we said:
In the absence of supersedeas or stay, the lower tribunal may proceed in the cause, even as to the subject matter of the appeal, if such subsequent proceedings do not interfere with the power of the appellate court to make its jurisdiction effective as to the order on appeal.
402 So. 2d at 475.
The petition for writ of prohibition is denied.
PROHIBITION DENIED.
LETTS, HURLEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Waltham A. Condo. Ass'n v. Vill. Mgmt., Inc., 330 So. 2d 227 (Fla. 4th DCA 1976)
- Strauser v. Strauser, 303 So. 2d 663 (Fla. 4th DCA 1974)
- FMS Mgmt. Sys., Inc. v. IDS Mortg. Corp., 402 So. 2d 474 (Fla. 4th DCA 1981)