October 8, 2012

Bresky Law Defeats Motion for Relinquishment of Jurisdiction

Bresky Law Defeats Motion for Relinquishment of Jurisdiction

In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to vacate the final judgment because it was allegedly entered without sufficient notice to the Former Husband.

The courts have said that anyone moving for relinquishment of jurisdiction must show some very good cause for the request, or it should be denied. “Where a party seeks relinquishment of jurisdiction . . ., the burden is on the moving party to show entitlement to relief.” Lurie v. Auto-Owners Ins. Co., 605 So. 2d 1023, 1025 (Fla. 1st DCA 1992). “The presumption is . . . that judicial economy would be best served by leaving jurisdiction in the appellate court until issuance of mandate. A party wishing to overcome that presumption and obtain a relinquishment of jurisdiction must show entitlement to that relief. . . .” Id.

Bresky Law filed a response for the Former Wife, demonstrating that the Former Husband had failed to show any entitlement to having the case relinquished to the trial court. The Fourth District denied the Former Husband’s motion to relinquish jurisdiction. The appeal will proceed and the appellate court will decide the issues on the merits.

Bresky Law takes pride in depth of research to support the positions that we argue for our clients. We welcome referrals for appeals of all kinds in state and federal courts and often provide litigation support for dispositive motions or responses in the trial court.