Seslow v. Seslow, s. 92-0279

Decision Date08 September 1993
Docket Number92-2037,Nos. 92-0279,s. 92-0279
Citation625 So.2d 1248
Parties18 Fla. L. Weekly D1965 Bruce J. SESLOW, Appellant, v. Vikki K. SESLOW, Appellee.
CourtFlorida District Court of Appeals

PER CURIAM.

The former wife/appellee filed a motion for rehearing, which basically reargued the merits of this case. Fla.R.App.P. 9.330(a). Such motions are inappropriate and fail to comport with Jacobs v. Wainwright, 450 So.2d 200, 201 (Fla.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 433 (1984). Had this been the only basis for this motion, it would have been denied. However, in a motion to supplement the motion for rehearing, the appellee advises this court that the parties settled the issue of attorney's fees three months prior to the filing of the motion for rehearing and the monies have been paid. As our opinion reversed the case only on the basis of the trial court's award of attorney's fees, the issue is now moot. Dominion Properties Corp. v. Faruolo, 264 So.2d 94 (Fla. 4th DCA 1972). The motion for rehearing is, therefore, granted. We withdraw our prior opinion of May 12, 1993, and substitute the following opinion for that previously issued.

AFFIRMED.

GUNTHER and FARMER, JJ., and MAY, MELANIE G., Associate Judge, concur.

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5 cases
  • Barnes v. State, 98-0299.
    • United States
    • Florida District Court of Appeals
    • February 17, 1999
    ...reargue the merits of the Court's order."); Lawyers Title Ins. Corp. v. Reitzes, 631 So.2d 1100 (Fla. 4th DCA 1993); Seslow v. Seslow, 625 So.2d 1248 (Fla. 4th DCA 1993); Whipple v. State, 431 So.2d 1011, 1013 (Fla. 2nd DCA More recently, in Goter v. Brown, 682 So.2d 155 (Fla. 4th DCA 1996)......
  • Merkle v. Guardianship of Jacoby
    • United States
    • Florida Supreme Court
    • February 25, 2005
    ...Comm'n, Div. of Admin. Hearings, 661 So.2d 1190, 1193 (Fla.1995); Jones v. Champion, 675 So.2d 244 (Fla. 2d DCA 1996); Seslow v. Seslow, 625 So.2d 1248 (Fla. 4th DCA 1993). The voluntary payment of a disputed charge has the same effect. See Lieber v. Lieber, 40 So.2d 111, 113 When a pending......
  • Lawyers Title Ins. Corp. v. Reitzes, 92-1638
    • United States
    • Florida District Court of Appeals
    • September 15, 1993
    ...briefs or in oral argument. The motion does what Rule 9.330(a) proscribes; it re-argues the merits of the case. See Seslow v. Seslow, 625 So.2d 1248 (Fla. 4th DCA 1993); Jacobs v. Wainwright, 450 So.2d 200, 201 (Fla.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 433 (1984). Motio......
  • Isol Auto Supply v. Diaz
    • United States
    • Florida District Court of Appeals
    • September 12, 2007
    ...Comm'n, Div. of Admin. Hearings, 661 So.2d 1190, 1193 (Fla.1995); Jones v. Champion, 675 So.2d 244 (Fla. 2d DCA 1996); Seslow v. Seslow, 625 So.2d 1248 (Fla. 4th DCA 1993). "Florida's appellate courts reserve the exercise of judicial power for cases involving actual controversies." Merkle v......
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