final until disposition of timely filed motion for rehearing.
Appeals from non-final orders from the Circuit Court for
Monroe County Lower Tribunal Nos. 15-1025-K & 18-264-K,
Bonnie J. Helms, Judge.
A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for
Manz Law Firm, and Michelle Klinger Smith, for appellee.
EMAS, C.J., and SALTER and LOBREE, JJ.
three consolidated appeals arise out of orders entered in a
contentious post-judgment family case. For our purposes, the
orders center upon the trial court's action granting
temporary custody of the parties' minor child to the
maternal grandmother. For the reasons that follow, we hold
that the trial court exceeded the scope of our relinquishment
of jurisdiction and directly addressed the substance of one
of the orders on appeal. We also hold that the trial court
erred in awarding temporary custody to the maternal
grandmother and in granting the mother's request for a
child pick-up order.
factual and procedural background is lengthy and complicated,
and is set out briefly and only as necessary to our
resolution of these appeals.
2017, the mother, Melissa Cerullo, was arrested on
drug-related charges and incarcerated. The father, Corbin
Kitchen, was subsequently awarded custody of their
three-year-old child. Months after being awarded custody,
Kitchen petitioned to relocate with the minor child to
Tennessee, and the trial court entered a final judgment
granting relocation and reserving jurisdiction "to
address all issues of time-sharing and parental
responsibility, as well as to enforce or modify the
provisions of this Judgment." Two months later, Kitchen
was arrested on a domestic violence charge against his wife
(the child's stepmother) and-based on that arrest-
Cerullo filed motions challenging Kitchen's relocation
with the child and requesting that the minor child be
temporarily placed with the maternal
grandmother. These motions resulted in two of the three
orders that are the subject of these consolidated appeals.
numbers 3D18-1603 and 3D18-1605, Kitchen challenges two
non-final orders pertaining to custody of the parties'
minor child: a July 5, 2018 Order prohibiting Kitchen from
relocating with the minor child to Tennessee, and a July 11,
2018 Order, removing the minor child from Kitchen's
custody and temporarily placing the child with the maternal
grandmother for two months (July and August
consolidated these two appeals and, while they were pending,
Kitchen filed a motion to relinquish jurisdiction to permit
the trial to rule on a still-pending motion to vacate the two
orders on appeal. We temporarily relinquished jurisdiction
for the limited purpose of permitting the trial court to rule
on the pending motion to vacate the July 5 and July 11
our relinquishment, the trial court set a hearing on
Kitchen's motion to vacate. However, the mother requested
that, at the scheduled hearing, the trial court also consider
the continued placement of the child with the maternal
grandmother. The placement of the minor child with the
maternal grandmother was the very subject of the July 11
Order pending on appeal. Kitchen objected, arguing that this
Court's relinquishment only authorized the trial court to
rule on the motion to vacate, and that the trial court could
not expand the scope of the relinquishment order to include
an evidentiary hearing on the child's continued placement
with the maternal grandmother.
trial court disagreed and conducted an evidentiary hearing.
Following the hearing, the trial court on August 31, 2018,
entered its order denying Kitchen's motion to vacate and
ordering the child's continued placement with the