TIMOTHY TEMPLE v. CHERI MELCHIONE (2023)

Timothy Temple (“Father”) petitions this court for a writ of prohibition, seeking to bar the trial court from taking further action on Cheri Melchione's (“Mother”) claim for child support. We grant the petition.

Two years ago, a prior trial judge dismissed Mother's claim for child support (“Order of Dismissal”), finding, as to the entire action brought by Mother, that the trial court lacked subject matter jurisdiction. An appeal followed and on November 8, 2022, the Fifth District Court of Appeal affirmed the Order of Dismissal. Thereafter, the mandate issued.

Nevertheless, the Honorable Diana Tennis, sitting as the successor judge, entered an order on February 24, 2023, declaring that she would retain jurisdiction over Mother's child support claim, in direct contravention of the Order of Dismissal which was affirmed on appeal. This is impermissible. Milton v. Keith, 503 So. 2d 1312, 1313 (Fla. 3d DCA 1987) (“[O]nce an appellate court affirms an order, judgment or decree, the trial court loses all authority to change, modify, nullify or evade that order, judgment or decree.”); see also Dow Corning Corp. v. Garner, 452 So. 2d 1, 2 (Fla. 4th DCA 1984) (“Absent permission to do so, the trial court on remand is without authority to alter or evade the mandate of this court.”).

Accordingly, the petition for writ of prohibition is granted to preclude the trial court from taking any further action which is not directed by an appellate court of this State. We trust that the circuit court will comply with our direction and therefore withhold issuance of the writ.

PETITION GRANTED.

PER CURIAM.

NARDELLA and WOZNIAK, JJ., and ORFINGER, R.B, Associate Senior Judge, concur.