Opinion
No. 99-0718
Opinion filed April 14, 1999 JANUARY TERM 1999
Petition for writ of prohibition to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; Walter N. Colbath, Jr., Judge; L.T. Case No. CL 97-3813 AN.
Michael D. Parsons, and Michael P. DeFalco, Boca Raton, pro se.
Jerald A. Goldstein, Boca Raton, and Joshua M. Mittenthal of Graner Root Libow, P.A., Boca Raton, for respondent.
The petition for writ of prohibition is denied. We write however to reiterate the general rule that once an appeal has been filed to review a final order/judgment, the lower court is divested of jurisdiction to enter an order affecting the subject matter of the appeal. Thompson v. Stewart, 569 So.2d 1372 (Fla. 4th DCA 1990). We recognize that in some cases an amendment to the final judgment or a subsequent fee judgment will not disturb the subject matter of the appeal. If questionable and upon request this court can relinquish jurisdiction to the trial court to permit it to amend a judgment, if appropriate.See, e.g., Maynard v. Maynard, 515 So.2d 308 (Fla. 3d DCA 1987).
The above does not alter the well settled principle that absent a stay or bond, the filing of a notice of appeal does not divest the trial court of jurisdiction to enforce a final order.FMS Management Sys. Inc. v. IDS Mortgage Corp., 402 So.2d 474 (Fla. 4th DCA 1981).
DELL, POLEN and GROSS, JJ., concur.