881 So. 2d 66

Richard Wayne JOSEPH, Appellant, v. Melissa Whitley JOSEPH, Appellee.

No. 1D03-1510.

District Court of Appeal of Florida, First District.

Aug. 19, 2004.

Samuel S. Jacobson, of Bledsoe, Jacobson, Schmidt, Roberson & Wright, Jacksonville, for Appellant.

*67Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellee.

PER CURIAM,

The trial judge erred in dismissing the appellant’s petition for modification of alimony. The trial judge had jurisdiction to consider the petition pursuant to Florida Rule of Appellant Procedure 9.600(c). Atlas v. Atlas, 708 So.2d 296 (Fla. 4th DCA 1998); Merlan v. Merhige, 690 So.2d 678 (Fla. 3d DCA 1997).1 See also Davies v. Davies, 833 So.2d 167 (Fla. 1st DCA 2002) (Browning, J., concurring).

REVERSED and REMANDED for further proceedings.

BARFIELD and VAN NORTWICK, JJ., concur; and WOLF, C.J., concurs in result.

Joseph v. Joseph
881 So. 2d 66

Case Details

Name
Joseph v. Joseph
Decision Date
Aug 19, 2004
Citations

881 So. 2d 66

Jurisdiction
Florida

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