KATHERINE HIETT VIKER
v.
ARTHUR COLLIN CHERRY

Fla. 1st DCA | 2019-07-15
No. 18-0866
Bea, Smith, Robreno
Florida District Court of Appeal, First District (2019)

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Holding

An appeal of family law modification orders is dismissed when the appellant fails to file timely, and an attorney's fees denial in such proceedings is affirmed when no error is apparent.


Headnotes

[1] An appellate court lacks jurisdiction to review trial court orders on appeal when the appellant fails to file a timely notice of appeal.

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Facts & Procedural History

Appellant challenged trial court orders modifying the parties' parenting plan, child support arrangement, and denying her motion for attorney's fees i…

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Opinion of the Court

July 15, 2019 PER CURIAM.

Appellant challenges the trial court’s orders pertaining to a modification of the parties’ parenting plan, modification of the parties’ child support arrangement, and appellant’s motion for attorney’s fees.

We dismiss as to the issues pertaining to the parenting plan and the child support arrangement for lack of jurisdiction because appellant failed to timely appeal those orders. Shaffer v. Shaffer, 84 So. 3d 1075 (Fla. 1st DCA 2012); Mendoza v. Mendoza, 842 So. 2d 1020 (Fla. 5th DCA 2003).

The sole remaining issue appellant raises is the trial court’s denial of her motion for attorney’s fees. We find no error with the trial court’s order denying her motion and affirm accordingly.

AFFIRMED in part and DISMISSED in part.

WOLF, ROWE, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Emilian "Ian" Bucataru, Tallahassee, for Appellant. A. Collin Cherry of Law Office of Collin Cherry, P.L., Tallahassee, for Appellee.


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