JACQUELINE VARNER
v.
BRIAN VARNER
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Orders determining child visitation rights are appealable nonfinal orders under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b, not subject to certiorari review.
[1] Nonfinal orders determining child visitation rights are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b and are not subject to review by petitio…
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Join FLexlaw to unlock all legal intelligence“A 'child custody proceeding' is defined as one in which legal custody, physical custody, residential care, or visitation with respect to a child is at issue.”
Court citing Hickey v. Burlinson to establish the definition of child custody proceedings
Former Wife sought a writ of certiorari to quash the trial court's November 14, 2022 order regarding child visitation. She argued the district court h…
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PER CURIAM.
Former Wife petitions this Court for a writ of certiorari seeking to quash the trial court's order regarding child visitation dated November 14, 2022. Former Wife alleges this court has jurisdiction pursuant to article V, section 4(b)(3), of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(b)(3),
which confer original jurisdiction upon district courts of appeal to issue writs of common law certiorari. However, nonfinal orders that determine “the rights or obligations of a party regarding child custody or time-sharing under a parenting plan” are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b. “A 'child custody proceeding' is defined as one in which legal custody, physical custody, residential care, or visitation with respect to a child is at issue.” Hickey v. Burlinson, 33 So. 3d 827, 829 (Fla 5th DCA 2010) (citing § 61.503(4), Fla. Stat. (2009)). Therefore, an order regarding child visitation is an appealable, nonfinal order. Id. As a result, we treat this matter as an appeal of a nonfinal order rather than a petition for writ of certiorari and affirm on all issues without further discussion.1
AFFIRMED.
LAMBERT, BOATWRIGHT, and PRATT, JJ., concur.