5D05-1437 Bender v.Bender

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1437

Case Date: 06/19/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

BRENDA F. BENDER, Appellant, v. ROBERT J. BENDER, Appellee. ________________________________/ Opinion filed June 23, 2006 Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge. Dennis F. Appellant. Fairbanks, Melbourne, for Case No. 5D05-1437

John J. Camerota of Law Office of Caruso & Swerbilow, P.A., Merritt Island, for Appellee.

SAWAYA, J. We dismiss this appeal for lack of jurisdiction because the final judgment for dissolution of marriage is a non-final judgment that reserves jurisdiction in the trial court for one year "in regard to the propriety of an award of alimony." See St. Johns River Water Mgmt. Dist. v. Koontz, 861 So. 2d 1267, 1268 (Fla. 5th DCA 2003) ("Although the order entered below was labeled a "Final Judgment," it was not a final order. A final order is one which does not contemplate further judicial labor.") (citing McGurn v. Scott,

596 So. 2d 1042, 1044 (Fla. 1992) ("It is well settled that a judgment attains the degree of finality necessary to support an appeal when it adjudicates the merits of the cause and disposes of the action between the parties, leaving no judicial labor to be done except the execution of the judgment.")). APPEAL DISMISSED.

PLEUS, C.J. and PALMER, J., concur.

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