Tuesday, October 18, 2011

Second District Reverses Order a Second Time

During the appeal in Hunter, Jr. v. Hunter, the lower tribunal issued a second order disposing of the modification action in substantially the same fashion as the Order reversed by the Second District Court in the first appeal.  On Friday, the Second District Court issued another opinion in Hunter, Jr. v. Hunter, again reversing, in that Florida Rule of Appellate Procedure 9.130(f) divested the lower tribunal of jurisdiction to enter an order disposing of the case while it was on appeal.  However, the Second District was unable to address the contempt finding added to the order on appeal, as it was not briefed, and the issue was thereby waived by Mr. Hunter on appeal.

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