JERRY TUBBS, APPELLANT,
v.
BETTY TUBBS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an order of contempt for failure to relinquish possession of a home, based on a final judgment later reversed on appeal, must be undone. The issue of whether the settlement agreement covers appellate fees is for the trial court.
Appellant appealed an order of contempt for failing to give up possession of a home awarded to appellee in a final judgment. This court had previously…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mediation Agreement cases and more on FLexlaw
PER CURIAM.
We sua sponte consolidate these appeals for purposes of ultimate disposition.
First, appellant appeals an order finding him in contempt for failure to relinquish possession of the parties’ home in the Bahamas, which home was awarded to appellee as a result of a final judgment of dissolution. In Tubbs v. Tubbs, 648 So. 2d 817 (Fla. 4th DCA 1995), this court reversed the final judgment of dissolution and reinstated the handwritten mediation agreement signed by both parties. Under the terms of the handwritten agreement, appellant was to retain possession of the home.
In Waltham A. Condominium Ass’n v. Village Man., Inc., 330 So. 2d 227, 234 (Fla. 4th DCA 1976), the court noted that if a party proceeded with enforcement by contempt of an interlocutory order under appeal, they ran the risk of having the enforced compliance with the order “undone” if the appellate court determined that such order had to be reversed. Since in the case at bar this court reversed the final judgment awarding the Bahamian home to appellee, and instead found that the home was to be awarded to appellant, the enforced compliance with the now overturned final judgment should be “undone” by the trial court.
Additionally, appellant challenges an order awarding temporary appellate fees to appellee, as well as an order of contempt for failure to pay the temporary fees. The settlement agreement which this court reinstated in Tubbs indicated that the parties agreed to pay their own attorney’s fees and costs. Whether the parties intended for attorney’s fees and costs to encompass appellate fees and costs is a question for the trial court. If the trial court finds that the agreement was not meant to encompass appellate fees, the order awarding temporary appellate fees and the order of contempt is affirmed.
REVERSED AND REMANDED.
HERSEY, WARNER and POLEN, 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)
- Tubbs v. Tubbs, 648 So. 2d 817 (Fla. 4th DCA 1995)