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Kahn v. Cooper

District Court of Appeal of Florida, Third District
Aug 9, 1991
583 So. 2d 437 (Fla. Dist. Ct. App. 1991)

Opinion

Nos. 91-1833, 91-1775.

August 9, 1991.

Appeals from non-final orders of the Circuit Court for Dade County; Ronald Friedman and James C. Henderson, Judges.

Andrew M. Leinoff, Coral Gables, Mark A. Gatica, Miami, for appellant.

Peter Raben, Deborah Marks, Buchbinder Elegant, Miami and Monica I. Salis, Fort Lauderdale, and Carolina A. Echarte, Coral Gables, for appellees.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.


In case no. 91-1775, which is considered pursuant to Fla.R.App.P. 9.130(a)(3)(C)(iii), the order of July 18, 1991, is vacated as a totally unauthorized exercise of jurisdiction over a cause which has long since been terminated by final judgment. Capital Bank v. Knuck, 537 So.2d 697 (Fla. 3d DCA 1989). Accordingly, the trial court is directed to require forthwith compliance with the custody provision of the judgment of September 22, 1989, and the supplementary order of April 26, 1991.

We lack jurisdiction to review the order in case no. 91-1833 and therefore dismiss that appeal. We note, however, that our revalidation of the custody judgment precludes the successful maintenance of the dependency proceeding, see Department of Health and Rehabilitative Servs. v. Walls, 503 So.2d 983 (Fla. 5th DCA 1987), which should therefore be dismissed.

No motion for rehearing will be entertained.


Summaries of

Kahn v. Cooper

District Court of Appeal of Florida, Third District
Aug 9, 1991
583 So. 2d 437 (Fla. Dist. Ct. App. 1991)
Case details for

Kahn v. Cooper

Case Details

Full title:OWEN E. KAHN, APPELLANT, v. JANET COOPER, ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Aug 9, 1991

Citations

583 So. 2d 437 (Fla. Dist. Ct. App. 1991)

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