Summary
determining that the order "captioned as a ‘Final Order of Dissolution of Marriage,’ " but in which the lower tribunal reserved jurisdiction "to consider the issue of a possible reduction in the value of any IRA or pension plan" by the former husband, "indicate[d] that the lower tribunal's judicial labor [was] incomplete and render[ed] the order nonfinal"
Summary of this case from Fischer v. FischerOpinion
No. 1D05-1190.
May 27, 2005.
An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge.
Appellant, pro se.
Francis Jerome Shea, Jacksonville, for Appellee.
Upon consideration of the appellant's response to the Court's order of April 8, 2005, the Court has determined that the order captioned as a "Final Order of Dissolution of Marriage" is not a final order. Specifically, the lower tribunal's reservation of jurisdiction to consider the issue of a possible reduction in the value of any IRA or pension plan by the appellant, indicates that the lower tribunal's judicial labor is incomplete and renders the order nonfinal. See Hoffman v. O'Connor, 802 So.2d 1197 (Fla. 1st DCA 2002). Accordingly, the appeal is hereby dismissed as premature.
ERVIN, PADOVANO and THOMAS, JJ., Concur.