Horn v. Horn
| Decision Date | 06 July 1954 |
| Citation | 73 So.2d 905 |
| Parties | HORN v. HORN. |
| Court | Florida Supreme Court |
Fitzgerald & Wallace, Miami, and Ballinger, Cawthon & Madigan and Victor M. Cawthon, Tallahassee, for petitioner.
Melrin I. Muroff and Richard & Muroff, Miami Beach, for respondent.
A final decree of divorce was entered by the Circuit Court of Dade County, on February 8, 1954, granting a divorce to Alma Horn and requiring the defendant, George Horn, to pay his former wife $15 a week alimony and a specified sum as attorneys fees and other costs. Within the time allowed by law, George Horn filed a notice of appeal in the Circuit Court of Dade County.
After the notice of appeal was filed, the lower Court entered an order requiring the appellant, George Horn, to pay the appellee wife's attorneys $1,000 as temporary counsel fees and costs 'needed by the plaintiff to protect and defend her rights upon the appeal brought by the defendant herein.' Subsequent to the entry of the above order, another order was entered by the lower Court at the request of the wife adjudging the said George Horn in contempt of Court for failure to pay accumulated alimony payments and other costs which had accrued under the final decree but further providing that the appeal which had been taken should operate as a supersedeas upon the defendant filing a bond in the sum of $1,000, 'conditioned to pay the plaintiff all awards hereinbefore made, in the event the decree so appealed from shall be affirmed or the appeal dismissed.' Further in this same order, the Court below decreed 'that in order that the final decree of this Court and this Order be enforced and the rights of the plaintiff and the minor daughter of the parties be preserved and protected, this Court, upon its own motion, does herewith order that the defendant shall comply with the terms and provisions of the aforesaid final decree and this order before proceeding and perfecting his appeal to the Supreme Court of Florida in this cause.'
The filing of the notice of appeal from the final decree transferred jurisdiction of the parties and of the subject matter to this Court. Holland v. State, 15 Fla. 549. Jurisdiction having become vested in this Court upon the recording of the notice of appeal in the lower Court, the jurisdiction of this Court thereupon became exclusive, and the lower Court was wholly without power to take any further action in the cause except, in absence of supersedeas, to enforce the decree which had been previously entered and which constituted the basis for the appeal. See State ex rel. Shrader v. Phillips, 32 Fla. 403, 13 So. 920. For these reasons, therefore, it is quite clear that the Court was wholly without power to enter the order requiring...
To continue reading
Request your trial
-
Dolbeer v. Harten
...and for Calaveras County, 79 Cal.App.2d 577, 180 P.2d 389 (1947); King v. Lank 5 Terry 189, 44 Del. 189, 61 A.2d 402 (1948); Horn v. Horn, 73 So.2d 905 (Fla.1954); Marrifield v. Western Cottage Piano & Organ Co., 238 Ill. 526, 87 N.E. 379 (1909); Tucker v. Heaverlo, 249 Iowa 197, 86 N.W.2d ......
-
Miller v. Miller
...because section 61.16 was not discussed in Mullins, we conclude it is inapposite to the issue presented in this case. Cf. Horn v. Horn, 73 So.2d 905, 906 (Fla.1954). Florida appellate courts historically have had the power to make such interim orders, the broad language of section 61.16 app......
-
Boyer v. Boyer
...See, e.g., Graves v. Graves, 138 Fla. 589, 189 So. 871 (1939) and Riesner v. Riesner, 129 Fla. 762, 176 So. 765 (1937). In Horn v. Horn, 73 So.2d 905 (Fla.1954), the court held that the trial court had no power to enter an order requiring the payment of fees and costs in connection with an ......
-
Mann v. Thompson
...Fla.App.1958, 100 So.2d 684.2 State ex rel. Hill v. Hearn, Fla.1957, 99 So.2d 231; Wall v. Johnson, Fla.1955, 80 So.2d 362.3 Horn v. Horn, Fla.1954, 73 So.2d 905.4 Florida East Coast R. R. Co. v. State, 77 Fla. 571, 82 So. 136; Maxwell v. Jacksonville Loan & Improvement Co., 45 Fla. 468, 34......