Padron v. Padron
Two days after the parties executed a marital settlement agreement, the trial court entered a final judgment incorporating it. Without any motion, petition, or reservation of jurisdiction anteed ad litem's one-sentence request for a case management conference aside he the a portion of the final judgment sua sponte more than sixty days later and set the case for trial. The Third District granted prohibition, holding the trial court lacked continuing (case) jurisdiction to vacate the judgment, and quashed the vacatur and trial-setting orders.
Key facts
- Two parties executed a marital settlement agreement, which the trial court incorporated into a final judgment two days later.
- More than sixty days after the final judgment was entered, the trial court sua sponte vacated a portion of the judgment and set the case for trial, without any motion, petition, or prior reservation of jurisdiction.
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Why it matters
The opinion is a clean, citable statement of the distinction between subject-matter jurisdiction and 'case' or 'continuing' jurisdiction, and confirms prohibition aise not appeal easonable as the remedy when a trial… — full analysis with a trial
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