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439 So. 2d 336

Margulies v. Levy

District Court of Appeal of Florida

Decided October 18, 1983

District Court of Appeal of Florida · decided 1983-10-18

Relies on Alabama Hotel Co. v. J. L. Mott Iron Works · Whitaker v. Wright · 239 So. 2d 40 - Holman v. Ford Motor Company

Good law ✅— No negative treatment on recordhow we know

Decided 1983-10-18

How this case has been cited

Cited by 11 later decisions — most recently February 2010

11 state decisions

601983199020002010decided

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.

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Martin Z. MARGULIES, Appellant/Petitioner,
v.
The Honorable David L. LEVY, Judge of the Circuit Court of the 11TH Judicial Circuit in and for Dade County, Florida; the Honorable Frederick N. Barad, Judge of the 11TH Judicial Circuit in and for Dade County, Florida, Respondents, and Regina Tisiker Margulies, Appellee/Respondent.

Nos. 83-517, 83-525.

¶1District Court of Appeal of Florida, Third District.

October 18, 1983.

¶2Floyd, Pearson, Stewart, Richman, Greer & Weil, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Aaron Podhurst, Miami, for appellant/petitioner.

¶3Sams, Gerstein & Ward, Greene & Cooper and Marc Cooper, Miami, for appellee/respondents.

¶4Before BARKDULL, HUBBART and JORGENSON, JJ.

¶5PER CURIAM.

¶6Martin Margulies, the petitioner in a dissolution action, alternatively appeals from an interlocutory order vacating a previously entered interlocutory order which affirmed the validity of an antenuptial agreement; or seeks review of the second order by certiorari; or seeks a writ of prohibition forbidding the judge from entering the second order. Margulies also seeks a writ of prohibition forbidding the successor judge from revisiting the issue of the validity of the antenuptial agreement.

¶7Interlocutory orders are modifiable by the trial judge at any time before entry of a final judgment. Whitaker v. Wright,100 Fla. 282, 129 So. 889 (1930); Alabama Hotel Co. v. J.L. Mott Iron Works,86 Fla. 608, 98 So. 825 (1924); Holman v. Ford Motor Co.,239 So.2d 40 (Fla. 1st DCA 1970). The order in question is a non-appealable interlocutory order over which we have no jurisdiction. We decline to grant the extraordinary relief requested. See Shapiro v. Shapiro,432 So.2d 739 (Fla. 4th DCA 1983).

¶8Appeal dismissed. Certiorari denied. Prohibition denied.

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