Garcia-Roque v. Roque-Relasco
855 So.2d 668, 2003.FL.0004052, L. Weekly D2109(28 Fla)
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Descripción editorial
We affirm the order granting the former husband/appellee's motion for judgment on the pleadings. Since the former wife/appellant was seeking to enforce an oral agreement made subsequent to the dissolution of the marriage, the family division trial judge properly found lack of subject matter jurisdiction. See Poling v. Tresidder, 373 So. 2d 405 (Fla. 4th DCA 1979). Where parties arrive at a subsequent agreement that was not a part of the trial court's final dissolution order, enforcement of that agreement cannot be obtained simply by filing a motion, but rather must be sought in a separate breach of contract action. See Paulucci v. General Dyn., 842 So. 2d 797 (Fla. 2003); MCR Funding v. CMG Funding Corp., 771 So. 2d 32 (Fla. 4th DCA 2000).