Opinion
Nos. 83-517, 83-525.
October 18, 1983.
Appeal from the Circuit Court, Dade County, David L. Levy, J.
Floyd, Pearson, Stewart, Richman, Greer Weil, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin and Aaron Podhurst, Miami, for appellant/petitioner.
Sams, Gerstein Ward, Greene Cooper and Marc Cooper, Miami, for appellee/respondents.
Before BARKDULL, HUBBART and JORGENSON, JJ.
Martin Margulies, the petitioner in a dissolution action, alternatively appeals from an interlocutory order vacating a previously entered interlocutory order which affirmed the validity of an antenuptial agreement; or seeks review of the second order by certiorari; or seeks a writ of prohibition forbidding the judge from entering the second order. Margulies also seeks a writ of prohibition forbidding the successor judge from revisiting the issue of the validity of the antenuptial agreement.
Interlocutory orders are modifiable by the trial judge at any time before entry of a final judgment. Whitaker v. Wright, 100 Fla. 282, 129 So. 889 (1930); Alabama Hotel Co. v. J.L. Mott Iron Works, 86 Fla. 608, 98 So. 825 (1924); Holman v. Ford Motor Co., 239 So.2d 40 (Fla. 1st DCA 1970). The order in question is a non-appealable interlocutory order over which we have no jurisdiction. We decline to grant the extraordinary relief requested. See Shapiro v. Shapiro, 432 So.2d 739 (Fla. 4th DCA 1983).
Appeal dismissed. Certiorari denied. Prohibition denied.