Campbell v. Campbell

In Campbell v. Campbell, 436 So. 2d 374 (Fla. Ct. App. 1983), a former husband filed a motion to modify an alimony and child support order after filing an appeal. The trial court modified the order, finding that it was not making a ruling as to the "reasonableness, excessiveness or insufficiency of child support and alimony as previously awarded, which issues were on appeal . . .," but was simply ruling on the modification on the basis of a substantial change of circumstances. Campbell, 436 So. 2d at 375. The appellate court reversed the modification, finding that the "trial court has no jurisdiction to modify the very order appealed from, during the pendency of the appeal." Id. at 377. Echoing the sentiments of the Virginia courts, this Florida court stated: "There is a serious question as to the authority of the trial court to enter a temporary order affecting the merits of a cause involved in the main appeal or which would have the effect of rendering the main appeal moot. Unquestionably the trial court has the power to grant temporary relief pending appeal and possesses the inherent power and authority to take such action as justice and equity requires. It would appear, however, that when the jurisdiction of the appellate court attaches it is exclusive as to the subject covered by the appeal; so that modification of an order under appeal would be beyond the jurisdiction of the trial court from the very innate nature of the appellate jurisdiction and from the very practical viewpoint that there is no order to be modified until the appellate court determines what the order actually is." Id. at 376. The Florida Rules of Appellate Procedure expressly provides jurisdiction to the lower court to enforce orders pending appeal. Fla. R. App. P. 9.600(c). This language is identical to Title 5 GCA 34121. The Campbell court used this language to emphasize that a trial court's jurisdiction over a child support order pending appeal is limited to those circumstances listed in the rule. Id. at 376.