ROBERT POOL, APPELLANT,
v.
AMY BUNGER, APPELLEE
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A former husband appealed a post-dissolution order addressing child support, visitation, and parenting plan matters. The appellate court dismissed the appeal as premature because the trial court's order was neither final nor an appealable nonfinal order, as it expressly reserved jurisdiction to determine child support arrearages.
The order is neither a final order nor an appealable nonfinal order. It is not final because the trial court retained judicial labor by reserving jurisdiction on arrearages. It is not an appealable nonfinal order because it does not terminate visitation rights, determine custody matters, or grant injunctive relief, and the appellant lacks standing to appeal the portion granting his motion to reduce child support.
[1] An order that expressly reserves jurisdiction to determine child support arrearages is not a final order for purposes of appeal.
[2] An order addressing visitation is not an appealable nonfinal order under rule 9.130(a)(3)(C)(iii) unless it terminates visitation rights or determines the right to immedi…
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Join FLexlaw to unlock all legal intelligence“an order reserving jurisdiction on a matter that requires additional judicial labor is not a final order for purposes of appeal”
Establishes the core holding that the trial court's reservation of jurisdiction over arrearages prevents the order from being final.
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Join FLexlaw to unlock all legal intelligenceThe trial court issued an order on post-dissolution motions concerning child support, visitation, and the parties' parenting plan. The order purported…
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Appellant, the former husband, seeks review of a “final judgment” in which the trial court ruled on a number of post-dissolution motions concerning child support, visitation, and other matters related *838to the parties’ parenting plan. The order purports to be a final order, but it expressly reserves jurisdiction to determine the child support arrearages owed by Appellant. In light of the reservation of jurisdiction in the order on appeal, we directed Appellant to show cause why this appeal should not be dismissed as premature.
Having considered Appellant’s response to the order to show cause and Appellee’s reply, we conclude that the order on appeal is neither a final order nor an appealable nonfinal order. The order is not a final order because the trial court’s judicial labor is not complete, as reflected by the express reservation of jurisdiction to determine the amount of Appellant’s child support arrearages. See generally Demont v. Demont, 24 So.3d 699 (Fla. 1st DCA 2009) (explaining that an order reserving jurisdiction on a matter that requires additional judicial labor is not a final order for purposes of appeal); and cf. Stalnaker v. Stalnaker, 892 So.2d 561, 562 n. 1 (Fla. 1st DCA 2005) (reviewing a dissolution order that reserved jurisdiction to determine amount of arrearages as a nonfinal order and limiting review to those portions of the order determining the right to immediate monetary relief). The order is not an appealable nonfinal order under rule 9.130(a)(3)(C)(iii) because, although it addresses matters concerning visitation, the order does not terminate Appellant’s visitation rights or otherwise determine “the right to immediate ... child custody.” But cf. Hickey v. Burlinson, 33 So.3d 827, 829 (Fla. 5th DCA 2010) (broadly stating that the “majority view” is that “an order regarding visitation is an appealable, non-final order,” but citing cases that involved orders granting visitation in the first instance or denying visitation altogether). And to the extent the order provides Ap-pellee “the right to immediate monetary relief’ in the form of ongoing child support, Appellant lacks standing to appeal that portion of the order because it granted his motion to reduce his child support obligation. See Credit Indus. Co. v. Remark Chem. Co., 67 So.2d 540 (Fla.1953) (noting and applying the general rule that a party may only appeal from a decision adverse to him or her in some respect); see also Consolidated City of Jacksonville v. Buffkin, 768 So.2d 1253 (Fla. 1st DCA 2000) (citing Remark Chem. Co., 67 So.2d at 540). Finally, the order is not an ap-pealable nonfinal order under rule 9.130(a)(3)(B) because, contrary to Appellant’s argument, the order does not grant or deny injunctive relief.
Because the order on appeal is not a final order or an appealable nonfinal order, this appeal is dismissed without prejudice to either party’s right to file a timely notice of appeal after a final order has been rendered by the trial court.
DISMISSED.
THOMAS, WETHERELL and MARSTILLER, JJ., concur.
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Goslin v. Preisser, 148 So. 3d 869 (Fla. 1st DCA 2014)…r the timesharing schedule for the parties’ three minor children. We do not have jurisdiction to review the order by appeal because the order did not determine the parties’ timesharing rights. See Fla. R. App. P. 9.130(a)(3)(C)(iii); Pool v. Bunger, 43 So. 3d 837, 838 (Fla. 1st DCA 2010). We do not have jurisdiction to review the order by certiorari because the order merely denies a discovery request and any resulting harm can be remedied on appeal. See Eutsay v. State, 103 So. 3d 181,182 (Fla. 1st DCA 2012)…
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Demming v. Demming, 251 So. 3d 284 (Fla. 1st DCA 2018)
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Brown v. Brown, 231 So. 3d 602 (Fla. 1st DCA 2018)…Per Curiam. Dismissed. See Pool v. Bunger, 43 So. 3d 837 (Fla. 1st DCA 2010) (dismissing appeal where issues decided in order on appeal were related to the remaining issue concerning support arrearages). Makar, Osterhaus, and Winokur, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Demont v. Demont, 24 So. 3d 699 (Fla. 1st DCA 2009)
- Rivas v. Prof'l Prot. & Investigations Agency, Inc. (Fla. 3d DCA 2023)
- Credit Indus. Co. v. Remark Chem. Co., Inc., 67 So. 2d 540 (Fla. 1953)
- Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)
- Stalnaker v. Stalnaker, 892 So. 2d 561 (Fla. 1st DCA 2005)
- Consol. City OF Jacksonville v. J.D. Buffkin, Jr., 768 So. 2d 1253 (Fla. 1st DCA 2000)