PATRICK MARTIN, PETITIONER,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
PATRICK MARTIN, PETITIONER,
FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
768 So. 2d 1150
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Patrick Martin filed an appeal from the denial of his petition for mandamus. We treat his appeal as a petition for writ of certiorari. See Sheley v. Florida Parole Comm’n, 720 So. 2d 216 (Fla.1998). Because the untimely motion for rehearing did not postpone the rendition of the order, we dismiss the petition for lack of jurisdiction. Simonetta v. Moore, 730 So. 2d 733 (Fla. 1st DCA 1999); Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992) (untimely motion for rehearing does not postpone rendition of order). The petitioner’s request for a refund of filing fees is denied.
WEBSTER, PADOVANO, and BROWNING, JJ., CONCUR.
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Wendel v. Wendel, 852 So. 2d 277 (Fla. 2d DCA 2003)…tt, 388 So. 2d 1261, 1266 (Fla. 2d DCA 1980) (quoting Armour v. Allen, 377 So. 2d 798 (Fla. 1st DCA 1979)). Parents may not waive or contract away a child’s right to child support. Gammon v. Cobb, 335 So. 2d 261, 266-67 (Fla.1976); Wilkes v. Wilkes, 768 So. 2d 1150, 1151 (Fla. 2d DCA 2000); Fox, 388 So. 2d at 1266. This does not prevent the parents from making agreements concerning child support as long as the agreements serve the best interests of the child. Fox, 388 So. 2d at 1266; Lester v. Lester, 736 So.…
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Loraine Clark Ford v. Ford, 816 So. 2d 1193 (Fla. 4th DCA 2002)…trial court’s order substantially eliminated ar-rearages due while creating a credit balance as to future support. We agree. It is well settled that a child’s right to support may not be waived by a parent or contracted away. See Wilkes v. Wilkes, 768 So. 2d 1150, 1151 (Fla. 2d DCA 2000). However, that does not preclude parents from making contracts or agree [*1196] ments concerning their child’s support so long as the best interests of the child are served. See Lester v. Lester, 736 So. 2d 1257, 1259 (Fla.…
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Jacobs v. Jacobs, 868 So. 2d 568 (Fla. 3d DCA 2004)…the time of the negotiation of the marital settlement agreement. As we interpret the court’s order, the court granted an involuntary dismissal of the former wife’s fraud claim on all issues except child support. However, based on Wilkes v. Wilkes, 768 So. 2d 1150 (Fla. 2d DCA 2000), the court concluded that as relates to child support, a court may grant relief from judgment where it is demonstrated that there has been a material error in the calculation of the child support guidelines — even if there has bee…
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- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992)
- Wright v. State, 730 So. 2d 733 (Fla. 1st DCA 1999)