Parsons v. Whitaker Plumbing of Boca Raton
District Court of Appeal of Florida
1Per curiam
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,…
2Cases cited3 opinions
- FMS Management Systems, Inc. v. IDS Mortgage CorporationDistrict Court of Appeal of Florida · 1981
- Maynard v. MaynardDistrict Court of Appeal of Florida · 1987
- Thompson v. StewartDistrict Court of Appeal of Florida · 1990
3Cited by2 opinions
- Dow Jones & Company, Inc. v. Robert P. KayeCourt of Appeals for the Eleventh Circuit · 2001
- Dow Jones & Company, Inc. v. Robert P. KayeCourt of Appeals for the Eleventh Circuit · 2001