DAVID RUOZZI,
v.
ADRIANA WULFF,

Fla. 3d DCA | 2020-04-08
No. 19-0782
Per Curiam
Florida District Court of Appeal, Third District (2020)
Cited by 1 case

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Synopsis

David Ruozzi appeals a trial court order adopting a general magistrate's report in a family law matter between former spouses. The appellate court dismissed the appeal for lack of jurisdiction because the trial court's order was non-final, as it stated a separate money judgment would be entered but had not yet been.


Holding

The appellate court lacks jurisdiction to review the March 25, 2019 order because it is a non-final, non-appealable order. An order that indicates a separate money judgment will be entered but has not yet been entered is not a final, appealable order under Florida law.


Headnotes

[1] An order that ratifies and adopts a general magistrate's report but explicitly states that a separate money judgment shall be entered is a non-final, non-appealable order…

[2] An order denying a motion to dismiss an appeal without opinion is an interlocutory ruling that may be revisited by the merits panel.

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Key Quotes

“The challenged order is, on its face, non-final, and the trial court has not, to date, entered the referenced "separate money judgment."”

Establishes the jurisdictional defect—the order's own language indicated a separate judgment would follow, making it non-final.

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Facts & Procedural History

The trial court entered an order on March 25, 2019, adopting and ratifying a general magistrate's report and recommendations dated October 22, 2018. T…

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Opinion of the Court
Emas

PER CURIAM.

David Ruozzi, the former husband, appeals the trial court’s March 25, 2019 “Order Adopting and Ratifying Report and Recommendation of General Magistrate Dated October 22, 2018.” While the March 25, 2019 order “ratified and adopted” the general magistrate’s report and recommendations, the order also specifically states that “[a] separate money judgment shall be entered.” The challenged order is, on its face, non-final, and the trial court has not, to date, entered the referenced “separate money judgment.” Although, on August 14, 2019, a separate panel of this Court entered an unelaborated order denying the motion to dismiss the appeal filed by appellee, Adriana Wulff, the former wife, this August 14, 2019 order was entered prior to any briefing by the parties. We note that, “[u]nder this court’s long-standing practice, an order which denies a motion to dismiss the appeal without opinion is an interlocutory ruling which may be revisited by the merits panel.” State v. Bryant, 901 So. 2d 381, 382 (Fla. 3d DCA 2005). Upon careful review of the entire appellate record, we conclude that we lack jurisdiction to review the March 25, 2019 order because it is a non-final, non-appealable order. See Fla. R. App. P. 9.130(a)(3); Miami-Dade Cty. v. Pozos, 242 So. 3d 1152, 1153 (Fla. 3d DCA 2017) (“The Florida Supreme Court has by rule authorized interlocutory appeals from a limited and narrowly-defined class of nonfinal orders. Interlocutory appeals of nonfinal orders in civil cases are restricted to those enumerated in Florida Rule of Appellate Procedure 9.130(a)(3).”).

We, therefore, dismiss the appeal without prejudice to either party seeking timely appellate review of a final, appealable order, when one is entered by the trial court.1

Appeal dismissed.

Footnotes
1 We express no opinion as to the merits of the dismissed appeal.

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