K. T.
v.
M. D. A/K/A P. C.
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A petition for writ of certiorari seeking substantive relief from a nonfinal family law order determining time-sharing rights must be treated as an appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)(b), and the order is affirmed absent a demonstrated basis for reversal.
[1] A petition for writ of certiorari seeking substantive relief from a nonfinal family law order determining time-sharing rights must be treated as an appeal under Florida R…
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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 . . . .”
The court explaining the proper treatment of improperly filed writs in a family law matter.
The trial court entered a temporary time-sharing order on February 10, 2026, in a family law matter. The petitioner filed multiple petitions for writs…
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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