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899 So. 2d 497

Docket No. 4D04-1220.

Brewer v. Solovsky

Anthony L. BREWER, Appellant, v. Gail Susan SOLOVSKY, Appellee.

District Court of Appeal of Florida

Decided April 20, 2005.

District Court of Appeal of Florida · decided 2005-04-20

Cited by 3 later decisions — most recently December 2006

3 state decisions

Key passage — most relied on by later courts

“In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed with all matters, including trial or final hearing; provided that the lower tribunal may not render a final order disposing of the cause pending such review.”

quoted by 1 later decision, including Bemben v. Chock

Relies on Connor Realty, Inc. v. OCEAN TERRACE NORTH CONDOMINIUM ASSOCIATION · Katz v. NME Hospitals, Inc. · 882 So. 2d 1019 - Brewer v. Solovsky

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-20

View the full empirical analysis of this case →

¶1Claire Cubbin, Fort Lauderdale, for appellant.

¶2Alan D. Sackrin of Law Office of Alan D. Sackrin, Hallandale Beach, for appellee.

¶3*498 WARNER, J.

¶4We reverse the final judgment entered in this dissolution of marriage case because a non-final appeal was pending at the time of its entry. This non-final appeal was decided in Brewer v. Solovsky,882 So.2d 1019 (Fla. 4th DCA 2004).

¶5Florida Rule of Appellate Procedure 9.130(f) provides that when a non-final appeal is pending, the trial court may proceed with all matters, including the trial, "provided that the lower tribunal may not render a final order disposing of the cause pending such review." Because the trial court is without jurisdiction to enter a final judgment during the pendency of a non-final appeal, the order in this case is void. See Katz v. NME Hosps., Inc.,791 So.2d 1127, 1128 (Fla. 4th DCA 2000). This order is without prejudice for the trial court to reinstate the final judgment upon remand, as the non-final appeal has now been concluded. See Connor Realty, Inc. v. Ocean Terrace N. Condo. Ass'n,572 So.2d 4 (Fla. 4th DCA 1990).

¶6Reversed.

¶7GROSS and MAY, JJ., concur.

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