Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Must a final judgment of divorce in Florida specifically reserve jurisdiction on an issue in order for it to be considered later? Depending on prior orders entered in the case, the final judgment may not need such specificity. This was an issue in the case Shah v. Siddiqui, 4D2023-1125 (Fla. 4th DCA March 13, 2024).
After a final judgment of divorce was entered, the former wife sought the trial court’s determination and award of an amount of attorney’s fees and costs to her. The former husband argued that because the final judgment did not include a specific provision reserving jurisdiction to do so, the trial court was without jurisdiction to grant the former wife’s motion. The trial court agreed with the former husband and denied the former wife’s motion. She appealed.
The appellate court reversed, holding “We disagree with the circuit court and reverse the order on appeal. Although the final judgment did not specify the circuit court had ‘reserved jurisdiction’ to determine and award the amount of the former wife’s attorney’s fees and costs, the circuit court, in a pre-judgment order on the former wife’s request for temporary attorney’s fees and costs, and in the final judgment itself, already had determined the former wife was entitled to an award of her reasonable attorney’s fees and costs in the entire action. Thus, the circuit court necessarily retained post-judgment jurisdiction to determine and award the amount of the former wife’s reasonable attorney’s fees and costs.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.