K. T.
v.
M. D. A/K/A P. C.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A nonfinal order in a family law matter that determines time-sharing rights may be appealed under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)(b), and improperly styled writs of certiorari and prohibition seeking substantive relief are treated as initial appeal briefs.
[1] A nonfinal order in a family law matter that determines the time-sharing rights or obligations of a party is appealable as of right under Florida Rule of Appellate Proced…
[2] When a party seeks an improper appellate remedy such as a writ of certiorari or prohibition, but seeks substantive relief from a nonfinal order, the court must treat the…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If a party seeks an improper remedy, the cause must be treated as if the proper remedy had been sought”
Court citing Florida Rule of Appellate Procedure 9.040(c) to justify treating writs of certiorari and prohibition as an initial appeal brief
K.T. sought review of a February 10, 2026 temporary time-sharing order issued by the Circuit Court for Orange County. K.T. filed multiple petitions fo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Writ Of Prohibition cases and more on FLexlaw
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
_____________________________
Case Nos. 6D2026-0583, 6D2026-0639
CONSOLIDATED Lower Tribunal No. 2025-DR-011648-O
_____________________________
K.T.,
Petitioner,
v.
M.D. a/k/a P.C.,
Respondent.
_____________________________
Petition for Writ of Certiorari to the Circuit Court for Orange County.
Diana M. Tennis, Judge.
K.T.,
Appellant,
v.
M.D. a/k/a P.C.,
Appellee.
_____________________________
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County.
Diana M. Tennis, Judge.
April 15, 2026
PER CURIAM. We sua sponte consolidate these cases, both of which seek our review of the lower tribunal’s February 10, 2026 temporary time-sharing order. In the first-filed case, no. 6D2026-0583, the Petition for Writ of Certiorari, Writ of Prohibition, and
Emergency Motion for Stay docketed March 9, 2026, Petition for Writ of Prohibition docketed April 6, 2026, and Petition for Writ of Certiorari, Writ of Prohibition, and
Emergency Motion for Stay docketed April 6, 2026, to the extent they seek substantive relief, are treated as an initial brief in an appeal from the lower tribunal’s order because the order is a nonfinal order in a “family law matter[]” that determines
“the rights or obligations of a party regarding . . . time-sharing.”1 See Fla. R. App. P. 9.130(a)(3)(C)(iii)(b); Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause must be treated as if the proper remedy had been sought . . . .”).
We affirm the lower tribunal order because there is no demonstrated basis for reversal, see Fla. R. App. P. 9.315(a), and we dismiss the second-filed case, no.
6D2026-0639, as a duplicative appeal from the same lower tribunal order.
AFFIRMED in part; DISMISSED in part.
MIZE, GANNAM and KAMOUTSAS, JJ., concur.
Karin S. Gerardin, of Gerardin Law Firm, P.A., Tavares, for Petitioner/Appellant. No Appearance for Respondent/Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED