JEFFREY CHARLES
v.
SHANNON DENISE WILLIAMS

Fla. 5th DCA | 2021-10-29
No. 21-0670
Sasso, J., Cohen, J., Eisnaugle, J., Blackwell, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A party cannot use an appeal of a contempt order as a vehicle to challenge an underlying order that was not timely appealed.


Headnotes

[1] A party cannot circumvent the time limit for appealing an underlying order by appealing a subsequent contempt order based on that underlying order.

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Key Quotes

“a contemnor cannot use an order finding him or her in contempt as a back door to challenging the propriety of the unappealed underlying order”

Court's rationale for dismissing the untimely appeal of the paternity judgment

Facts & Procedural History

Jeffrey Charles appealed several orders from a family law case, including a Final Judgment of Paternity entered on March 17, 2016. Charles's appeal of…

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Opinion of the Court
Sasso

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JEFFREY CHARLES, Appellant, v. Case No. 5D21-670 LT Case No. 2013-DR-002423 SHANNON DENISE WILLIAMS, Appellee. ________________________________/ Opinion filed October 29, 2021 Appeal from the Circuit Court for Orange County, Alice Blackwell, Judge. Jeffrey Charles, Apopka, pro se. No Appearance for Appellee.

SASSO, J.

Jeffrey Charles challenges several orders on appeal which we affirm, with the exception of the Final Judgment of Paternity entered on March 17, 2016. Because Charles’s appeal of the paternity judgment is untimely, we dismiss the portions of the appeal relating to that judgment. See Calicchio v.

2 Calicchio, 693 So. 2d 1124, 1124 (Fla. 4th DCA 1997) (a contemnor cannot use an order finding him or her in contempt as a back door to challenging the propriety of the unappealed underlying order). AFFIRMED IN PART; DISMISSED IN PART. COHEN and EISNAUGLE, JJ., concur.


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