SHERI LYNN KELLY, APPELLANT,
v.
JAMES SNIETKA, APPELLEE
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.
The Fourth District Court of Appeal affirmed the final judgment in a paternity and support action, holding that it had jurisdiction to review pre-judgment orders under Florida Rule of Appellate Procedure 9.110(h) and that appellant's issues either lacked preservation or merit.
A notice of appeal of a final judgment brings pre-judgment orders within appellate jurisdiction under Florida Rule of Appellate Procedure 9.110(h), but not post-judgment orders unless separately appealed.
[1] A notice of appeal of a final judgment confers appellate jurisdiction to review orders entered before the final judgment under Florida Rule of Appellate Procedure 9.110(h…
Previewing 1 of 1 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“The court may review any ruling or matter occurring before filing of the notice.”
Florida Rule of Appellate Procedure 9.110(h) establishing appellate jurisdiction over pre-judgment orders
Kelly appealed a final judgment in a paternity and support action against Snietka, raising issues regarding orders vacating a prior final judgment and…
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 Child Support Action cases and more on FLexlaw
We affirm the final judgment in this paternity and support action. We do not address the merits of the issues raised by appellant, as they either were not preserved by objections in the trial court on the grounds raised on appeal, or they lack merit. As to the father’s claim that this court lacks jurisdiction to consider the orders entered prior to the final judgment designated in the notice of appeal, Florida Rule of Appellate Procedure 9.110(h) states, “The court may review any ruling or matter occurring before filing of the notice.” (Emphasis supplied). Thus, this court has jurisdiction to consider the order vacating the prior final judgment and the motion to disqualify the trial judge, as both were issued before the final judgment which is being appealed. Although the appellee relies on Kozell v. Kozell, 142 So.3d 891 (Fla. 4th DCA 2014), Kozell is not controlling. In that case, the motion to disqualify which this court found it lacked jurisdiction to consider was filed after the denial of the motion for rehearing of the final judgment sought to be appealed. We have held that a notice of appeal of a final judgment does not bring to the appellate court orders entered after the final judgment unless those orders are also specifically appealed. See Geraci v. Kozloski, 377 So.2d 811, 812 (Fla. 4th DCA 1979).
Affirmed.
WARNER, GROSS and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Duncan v. Thalia Tatham Brickman, 233 So. 3d 477 (Fla. 2d DCA 2017)…her this couple was ever married has been resolved. . We note that several of the alleged violations concerned conduct on the part of Mr, Duncan that would have occurred two years before the hearing on the contempt motions. . Cf. Kelly v. Snietka, 155 So. 3d 1278, 1278 (Fla. 4th DCA 2015) (exercising jurisdiction to review orders entered prior to final judgment in paternity action; “The court may review any ruling or matter occurring before filing of the notice [of appeal].” (emphasis omitted) (quoting Fla.…
-
Symonette v. Jpmorgan Chase Bank, N.A. (Fla. 3d DCA 2022)…. 2d 1037, 1039 (Fla. 4th DCA 2008) (“Collateral estoppel precludes re-litigating an issue where the same issue has been fully litigated by the same parties or their privies, and a final decision has been rendered by a court.”); Kelly v. Snietka, 155 So. 3d 1278, 1278 (Fla. 4th DCA 2015) (explaining that court has jurisdiction to review order on motion to disqualify trial judge on appeal from final judgment if motion was filed prior to final judgment citing Fla. R. App. P. 9.110(h)); Fla. R. Gen. Prac. &…
-
Symonette v. Jpmorgan Chase Bank, N.A. (Fla. 3d DCA 2022)…. 2d 1037, 1039 (Fla. 4th DCA 2008) (“Collateral estoppel precludes re-litigating an issue where the same issue has been fully litigated by the same parties or their privies, and a final decision has been rendered by a court.”); Kelly v. Snietka, 155 So. 3d 1278, 1278 (Fla. 4th DCA 2015) (explaining that court has jurisdiction to review order on motion to disqualify trial judge on appeal from final judgment if motion was filed prior to final judgment citing Fla. R. App. P. 9.110(h)); Fla. R. Gen. Prac. &…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979)
- Kozell v. Kozell, 142 So. 3d 891 (Fla. 4th DCA 2014)