Legal Opinion

Carroll v. Carroll

District Court of Appeal of Florida

Decided May 17, 1989No. 88-1080Published

1Per curiam

We reverse the order of the trial court which enforced an amended final judgment by requiring the former wife to transfer her interest in a jointly owned parcel of real property to her former husband. It is clear from the face of the record that the amended final judgment, for whatever reason, did not, on its face, award the wife’s interest in the property to the husband. Therefore, the court lacked jurisdiction, sixteen months later, to adjudicate rights to property not mentioned in the judgment, absent a reservation of jurisdiction for that purpose. Cf. Davis v. Dieujuste, 496 So.2d 806…

2Cases cited3 opinions

  1. Sistrunk v. SistrunkDistrict Court of Appeal of Florida · 1970
  2. Davis v. DieujusteSupreme Court of Florida · 1986
  3. Horne v. HorneDistrict Court of Appeal of Florida · 1982

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