Greenberg v. Carlisle

Petitioner seeks a writ of prohibition prohibiting respondent, The Honorable James T. Carlisle, from ruling on a motion for contempt for failure to pay child support. Petitioner contends that since he has filed a timely appeal of the child support order, the nonpayment of which is the subject matter of the contempt proceeding, the trial court is devoid of jurisdiction pending determination of the issues by the appellate court. He relies upon Strauser v. Strauser, 303 So.2d 663 (Fla. 4th DCA 1974).

This court expressly disapproved the Strauser principle in Waltham A. Condominium Association v.…