MATTHEW AARON BURCH
v.
MICHELLE NICOLE BURCH
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The court affirmed the award of home sale proceeds and contempt finding, dismissed the attorney's fees challenge as premature due to nonfinal judgment, and dismissed the appeal of a prior child support order for lack of timely appeal.
[1] When a trial court reserves jurisdiction to determine the amount of attorney's fees, the judgment regarding entitlement to fees is nonfinal and an appeal challenging that…
[2] An appeal of a prior supplemental order is dismissed for lack of jurisdiction when the appellant fails to timely appeal that order within the prescribed period.
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Join FLexlaw to unlock all legal intelligence“Because the court's ruling reserved jurisdiction to determine the amount of fees, the judgment on this issue is nonfinal.”
Court explaining why the attorney's fees portion of the appeal must be dismissed as premature
Matthew Aaron Burch appeals from a supplemental order in a post-dissolution case involving division of the former marital home proceeds, child day car…
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issue is nonfinal. * See McGee v. McGee, 264 So. 3d 1087, 1089 (Fla. 1st DCA 2019). As to the issues relating to a prior supplemental child support order entered on December 5, 2017, we dismiss for lack of jurisdiction because the former husband failed to timely appeal that order.
AFFIRMED in part and DISMISSED in part. RAY, C.J., and ROBERTS and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.