Florida District Courts of Appeal, 2002

Davies v. Davies

Davies v. Davies
Florida District Courts of Appeal · Decided August 28, 2002 · Barfield, Browning, Kahn
833 So. 2d 167; 2002 Fla. App. LEXIS 12355; 2002 WL 1971845 (Southern Reporter, Second Series)

Davies v. Davies

Concurring Opinion

BROWNING, J.,

concurring opinion.

I join in the majority opinion, because the issues addressed in Appellant’s motion for temporary relief pending appeal are now moot. However, absent mootness, it is very clear to me that the trial court reversibly erred by determining that he did not have jurisdiction to hear such motion. Atlas v. Atlas, 708 So.2d 296 (Fla. 4th DCA 1998). There is absolutely no impediment to a trial court’s granting prospective downward modification as to prospective payments as requested in Appellant’s motion under Florida Rule of Appellate Procedure 9.600(c)(1).

Opinion of the Court

PER CURIAM.

AFFIRMED.

BARFIELD, KAHN, JJ., concur, and BROWNING, J., concurs with separate opinion.

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