Rosi Gaul v. Jeffrey Gaul
The Sixth DCA aligned with the First, Fourth, and Fifth Districts and held that a dissolution petition is 'pending' under § 61.08(11) only until the trial court renders final judgment—not through the completion of any appellate proceedings. Because the final judgment was entered December 28, 2020 (before the July 1, 2023 statutory amendment), the 2023 version of § 61.08 does not apply and the trial court's permanent alimony award stands. The court certified direct conflict with the Second District.
Key facts
- The trial court entered a final dissolution judgment on December 28, 2020, and later amended it on rehearing; the petition for dissolution was filed before July 1, 2023.
- The 2023 amendment to Florida's alimony statute (§ 61.08) eliminated permanent alimony and included § 61.08(11), directing courts to apply the amended statute to petitions 'pending or filed on or after July 1, 2023.'
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Holdings
- Under § 61.08(11), Fla. Stat. (2023), a dissolution petition is 'pending' until the trial court enters final judgment on the petition; the 2023 statutory amendments to § 61.08—including…
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Why it matters
This decision directly creates and certifies a conflict with the Second District's Morgan and Woodward decisions, making it likely that the Florida Supreme Court will resolve the question of which version of § 61.08… — full analysis with a trial
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