Public-domain · open source
OpenJurist

417 So. 2d 1006

Miller v. Miller

District Court of Appeal of Florida · decided 1982-06-16

Relies on 417 So. 2d 325 - In re Estate of Senz

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-16

How this case has been cited

Cited by 36 later decisions — most recently March 2013 · most notably 14 Cal. 4th 367 - Cowan v. Superior Court (1996), State v. Littlejohn (1986)

2 federal appellate · 33 state decisions — followed in 10 states

1701982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1ON PETITION FOR REHEARING

PER CURIAM.

¶2Our per curiam decision, without opinion, affirmed the trial court’s order, 417 So.2d 335 (Fla.App.) which granted summary judgment in favor of appellee, and dismissed the partition suit brought by the appellant, the trial court finding that under the final judgment of dissolution between the parties, appellant has no present posses-sory right to the property that is the subject matter of the partition suit, and finding that appellee is entitled to the present exclusive use and possession of the property.

¶3Appellant’s petition for rehearing urges, among other things, a clarification of our decision with respect to its effect, if any, upon the right of appellant to seek a modification of the final judgment of dissolution. The motion for rehearing and clarification is therefore granted, for the limited purpose of stating that our decision has no effect upon the right of appellant to file a petition for modification of the final judgment, since no issue pertaining to appellant’s right to seek such relief has been presented to this court.

MILLS, LARRY G. SMITH and SHAW, JJ., concur.
/417/so2d/1006 · .json · Public domain