Carruthers v. Carruthers

The trial court mistakenly concluded it was without jurisdiction to consider the wife’s motion filed after judgment of dissolution, seeking to compel the return from the husband of $10,000 taken by him from the parties’ joint checking account. We reverse and remand.

Diejuste v. Diejuste, 400 So.2d 981 (Fla. 4th DGA 1981), upon which the trial court relied, is not applicable to the facts of this case. Here, a non-final order had been entered which directed the husband to hold the questioned sum until further order of the court. The wife’s petition for dissolution had specifically sought the…