From Casetext: Smarter Legal Research

Allen v. Allen

District Court of Appeal of Florida, First District
Dec 23, 1969
230 So. 2d 29 (Fla. Dist. Ct. App. 1969)

Opinion

No. L-314.

December 23, 1969.

Appeal from the Circuit Court, Volusia County, J.T. Nelson, J.

R. Diane Burlingham, DeLand, for appellant.

Philip Tatich, of Gurney Skolfield, Winter Park, for appellee.


This is an interlocutory appeal by the plaintiff in a suit for separate maintenance.

The order sought to be reversed was rendered March 5, 1969, and by its tenor purported to amend and modify an earlier order of dismissal without prejudice pursuant to plaintiff's notice of voluntary dismissal. Said earlier order was rendered on January 15, 1969. Under the provisions of Florida Rules of Civil Procedure 1.530, 31 Florida Statutes Annotated, the lower court had jurisdiction to amend or modify the order of dismissal only for ten days after rendition which in this case would have been until January 27, 1969, since the terminal days of that ten-day period were a Saturday and Sunday. Appellee's motion resulting in the order now under review was filed on January 29, 1969, after the court below lost jurisdiction to amend or modify the order of dismissal.

Since the order herein appealed was rendered after the trial court lost jurisdiction, it must be reversed on authority of Kippy Corporation v. Colburn, 177 So.2d 193 (Fla. 1965).

Reversed.

CARROLL, DONALD K., Acting C.J., and WIGGINTON, J., concur.


Summaries of

Allen v. Allen

District Court of Appeal of Florida, First District
Dec 23, 1969
230 So. 2d 29 (Fla. Dist. Ct. App. 1969)
Case details for

Allen v. Allen

Case Details

Full title:PATRICIA ANN GILMER ALLEN, APPELLANT, v. W. FRANK ALLEN, JR., APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 23, 1969

Citations

230 So. 2d 29 (Fla. Dist. Ct. App. 1969)

Citing Cases

Kitzmiller v. Southeast Services

The motion to amend final judgment was not timely under Fla.R.Civ.P. 1.530(g). See Allen v. Allen, 230 So.2d…

In re Estate of Beeman

236 So.2d at 3. See also Denny v. Denny, 334 So.2d 300 (Fla. 1st DCA 1976); Allen v. Allen, 230 So.2d 29…