ELIAS E. ABUSAID, APPELLANT,
v.
MICHELLE D. POLEFRONE, APPELLEE
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NORTHCUTT, Acting Chief Judge.
The father of a two-year-old girl has filed a notice of appeal seeking reversal of an order requiring his psychological evaluation. The trial court entered the order pursuant to the mother’s postdissolution motion for modification of the shared parental responsibility and visitation provisions of their final judgment of dissolution and a related motion for psychological evaluation of the father. The nonfinal order is not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3). However, we believe that such an order may be reviewed by writ of certiorari. We treat the father’s notice of appeal as a petition for writ of certiorari. See Fla. R.App.P. 9.040(c). Finding no departure from the essential requirements of law, we deny the petition.
Petition denied.
CASANUEVA and SALCINES, JJ., Concur.
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Green v. State, 84 So. 3d 1169 (Fla. 3d DCA 2012)…a. 4th DCA 2011) (holding sentence was proper where court’s comments regarding lack of remorse were merely a recognition that there was no basis to grant defendant's request for a reduced sentence). . See Fla. R.Crim. P. 3.720(b); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999); Barry v. State, 330 So. 2d 512 (Fla. 1st DCA 1976).…
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Chillingworth v. State, 846 So. 2d 674 (Fla. 4th DCA 2003)…the Florida Rules of Criminal Procedure requires the trial court to “entertain submissions and evidence by the parties that are relevant to the sentence. Under the rule, the defendant was entitled to make a statement to the court,” Ventura v. State, 741 So. 2d 1187, 1189 (Fla. 3d DCA 1999), as well as present matters in mitigation. Hargis v. State, 451 So. 2d 551 (Fla. 5th DCA 1984). Here, the defendant had an opportunity to present witnesses in October, but the trial court refused to allow him to present addi…
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Guichard Jean-Baptiste v. State, 155 So. 3d 1237 (Fla. 4th DCA 2015)…b). Our courts have read rule 3.720(b) as requiring a trial court to permit a defendant to make a statement to the court. Dean v. State, 60 So. 3d 532 (Fla. 1st DCA 2011); Chillingworth v. State, 846 So. 2d 674 (Fla. 4th DCA 2003); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999). We previously determined that the trial court “departed from the essential requirements set forth in rule 3.720(b)” where it sentenced the defendant without giving the defendant or his counsel an opportunity to present any eviden…
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