Wednesday, February 1, 2012

Second District finds Final Judgment to be Non-Final

The Second District Court of Appeal dismissed the appeal today in Peterson v. Peterson, on the basis that the Final Judgment was not final in nature, and requiring the lower court to enter such a final order.  The lower court had reserved jurisdiction to determine a parenting plan and all matters relating to the children in a separate order, retained jurisdiction to determine alimony in the future, failed to value various business assets, and otherwise left many issues still unresolved between the parties, including attorneys’ fees and costs.  While the Second DCA sympathized with the lower tribunal for the lack of clear evidence before it, they were still required to find the Final Judgment to be a non-final order.

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