HEATHER M. SHAVERS
v.
BRADLEY M. SHAVERS
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The court dismissed an appeal from a circuit court order denying a motion to set aside a signed mediation memorandum in a dissolution case, holding that the order was not final and appealable because it did not modify the temporary support order or invalidate a marital settlement agreement.
The order is not final and appealable because it does not modify the temporary support order in place, the memorandum does not reflect a change in the temporary orders, the trial court has only approved but not yet evaluated or agreed to the terms of the agreement, and it is not an order that invalidates a marital settlement agreement.
[1] An order denying a motion to set aside a signed mediation memorandum in a pending dissolution proceeding is a nonfinal, nonappealable order.
[2] A mediation memorandum signed by parties, even if disputed as to meaning and extent, is recognized as a mediation agreement by the trial court.
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Join FLexlaw to unlock all legal intelligence“The order is not an order modifying the temporary support order in place, nor does the face of the memorandum reflect a change in the temporary orders in place.”
Establishes that the order does not meet the threshold requirements for appealability because it does not modify existing temporary orders.
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Join FLexlaw to unlock all legal intelligenceThe parties in a pending dissolution case participated in mediation and signed a handwritten memorandum memorializing the agreed results. The memorand…
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PER CURIAM. The appeal from the circuit court's order denying a motion to set aside a signed mediation memorandum in a pending dissolution
is dismissed as from a nonfinal, nonappealable order.1 P. 9.130(a)(3)(C); see also Fla. R. App. P. 9.030(b)(1)(B). The order is not an order modifying the temporary support order in place, nor does the face of the memorandum reflect a change in the temporary orders in place.
Furthermore, although the order addresses timesharing and reflects that the parties came to an agreement about timesharing, the trial court has approved but not yet evaluated or agreed to the terms of the parties' agreement.
Finally, it is not an order that invalidates a marital settlement agreement.
We note that the agreement memorialized in the memorandum expressly states that the temporary order in effect at the time of mediation shall remain in place following the agreement reached at mediation.
Therefore, nothing in this dismissal should be construed as reflecting an alteration of the temporary order in place until such time as ratification and final judgment or further order of1 This handwritten memorandum accompanied the report submitted by the mediator to the trial court and was signed by all parties memorializing the agreed results of the mediation. Although the parties disputed the meaning and extent of this agreement, the trial court recognized it as a mediation agreement.
the circuit court modifying that temporary order. See, e.g., Dent v. Dent, 851 So. 2d 819, 820 (Fla. 2d DCA 2003) ("[G]enerally, 'absent compelling circumstances,' an order for temporary support is 'final during its lifespan.' " (quoting Kraus v. Kraus, 749 So. 2d 513 (Fla. 2d DCA 1999))). Dismissed. MORRIS, C.J., and VILLANTI and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kraus v. Kraus, 749 So. 2d 513 (Fla. 2d DCA 1999)
- Dent v. Dent, 851 So. 2d 819 (Fla. 2d DCA 2003)