IN RE THE MARRIAGE OF LEO J. GOLUB, HUSBAND, AND REBECCA N. GOLUB, WIFE
PER CURIAM.
The Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County, has certified the following question to this court:
UPON THE ENTRY OF A JUDGMENT OF DISSOLUTION IN THIS CAUSE WOULD THE TRIAL JUDGE THEREAFTER LACK THE AUTHORITY TO THEREAFTER AWARD THE WIFE-RESPONDENT HEREIN ALIMONY, SPECIAL EQUITIES IN THE HUSBAND-PETITIONER’S ASSETS OR DECLARE HER TO BE THE OWNER OF CERTAIN ASSETS PRESENTLY HELD BY THE HUSBAND-PETITIONER EVEN THOUGH THE JUDGMENT OF DISSOLUTION SPECIFICALLY RESERVED THE RIGHT TO THEREAFTER DETERMINE THE CLAIMS OF ALIMONY, SPECIAL EQUITIES AND OWNERSHIP?
Hyman v. Hyman, (Fla.App.2d, 1975) 310 So. 2d 378, makes it clear that the trial judge has the authority upon entry of a judgment of dissolution to reserve jurisdiction to thereafter determine property rights. Therefore, the above-stated' certified question is hereby answered in the negative.
HOBSON and GRIMES, JJ., concur. McNULTY, C. J., dissents with opinion.
McNULTY, Chief Judge
(dissenting).
I fear such a departure from precedent in permitting interlocutory judgments of dissolution will open the floodgates to untold, unforeseeable vices. I must, accordingly, dissent, and would answer the question in the affirmative.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Galbut v. Garfinkl, 340 So. 2d 470 (Fla. 1976)…(Fla.2d DCA, 1975), certiorari discharged 329 So. 2d 299 (Fla.1976); Kipnis v. Kipnis, 330 So. 2d 67 (Fla.3d DCA, 1976); Becker v. King, 307 So. 2d 855 (Fla.4th DCA, 1975), certiorari dismissed 317 So. 2d 76 (Fla.1975); In re the Marriage of Golub, 310 So. 2d 380 (Fla.2d DCA, 1975); Klarish v. Klarish, 296 So. 2d 497 (Fla.3d DCA, 1974). Section 61.052, Florida Statutes, provides in pertinent part: “If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment…
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Garfinkl v. Garfinkl, 330 So. 2d 812 (Fla. 3d DCA 1976)…ding to settle the financial problems of the dissolution. See Klarish v. Klarish, Fla.App.1974, 296 So. 2d 497; Becker v. King, Fla.App. 1975, 307 So. 2d 855, 860; Hyman v. Hyman, Fla.App. 1975, 310 So. 2d 378; In re Marriage of Golub, Fla.App.1975, 310 So. 2d 380. This appeal is concerned with such an order. The difficulties which may be caused by such a procedure are illustrated, in part, by the facts of this case.1 The deceased ap-pellee, Nathaniel Garfinkl, a wealthy, elderly man, filed for dissolution o…1 / 2
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Brock v. Conway Brock, 583 So. 2d 815 (Fla. 1st DCA 1991)…hild custody. . See also Eberly v. Eberly, 344 So. 2d 886 (Fla. 4th DCA 1977); Jennings v. Jennings, 341 So. 2d 541 (Fla. 2d DCA 1977); Kipnis v. Kipnis, 330 So. 2d 67 (Fla. 3d DCA), cert. dism., 339 So. 2d 1170 (Fla.1976); In re Marriage of Golub, 310 So. 2d 380 (Fla. 2d DCA 1975). But see Klarish v. Klarish, 296 So. 2d 497 (Fla. 3d DCA 1974), in which the trial court first entered a judgment dissolving the marriage and awarding custody of the child to the former wife, reserving jurisdiction to consider al…
Authorities Cited
- Hyman v. Hyman, 310 So. 2d 378 (Fla. 2d DCA 1975)