Legal Opinion

Spear v. Spear

District Court of Appeal of Florida

Decided December 22, 1987No. 87-1525PublishedCited by 1 opinion

1Opinion of the Court

ON MOTION TO REVIEW DENIAL OF MOTION TO TAX COSTS

SCHWARTZ, Chief Judge.

After this court, in Spear v. Spear, 510 So.2d 371 (Fla. 3d DCA 1987), issued a writ of prohibition precluding the trial court from further proceedings on the ground that it lacked subject matter jurisdiction over the cause, the successful party below, the ex-wife, moved to tax costs in her favor. The trial judge denied the motion on the sole ground that he lacked jurisdiction to do so. We reverse this order.

A necessary adjunct to the hackneyed, but accurate, expression that a court always has jurisdiction to determine its…

2Cases cited8 opinions

  1. Lerner v. Superior CourtCalifornia Supreme Court · 1952
  2. McKelvey v. Kismet, Inc.District Court of Appeal of Florida · 1983
  3. MacBain v. BowlingDistrict Court of Appeal of Florida · 1979
  4. Pepper v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1929
  5. Day v. Sun Insurance OfficeAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by1 opinion

  1. Rodriguez v. StateDistrict Court of Appeal of Florida · 2018

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