JOSE SANZ
v.
MYRIAM SAENZ
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.
An appeal from a nonfinal order awarding temporary professional fees in a marriage dissolution action must be filed within 30 days of the order's rendition, and a motion for rehearing does not toll this deadline.
[1] A motion for rehearing does not toll the 30-day deadline for filing a notice of appeal from a nonfinal order awarding temporary professional fees in a family law proceedi…
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 intelligenceIn a marriage dissolution action, the trial court on January 12, 2023 issued an order awarding temporary professional fees and costs to the wife, incl…
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.
On Motion to Dismiss
PER CURIAM.
In this ongoing marriage dissolution action, appellant/husband Jose Sanz, on March 27, 2023, filed a Notice of Appeal challenging that portion of a January 12, 2023 trial court order (the “January 12 Order”) awarding temporary professional fees and costs to appellee/wife Myriam Saenz.1 The January 12 Order was an appealable, nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)a. See Seward v. Seward, 676 So. 2d 49, 49 n.1 (Fla. 5th DCA 1996); see also Odeh v. Odeh, 347 So. 3d 376, 378 (Fla. 5th DCA 2021).
Because the January 12 Order was nonfinal, appellant’s January 26, 2023 motion for rehearing directed toward the January 12 Order was unauthorized and did not toll the rendition of the January 12 Order. Fla. R. App. P. 9.130(a)(5). To invoke this Court’s appellate jurisdiction to review the January 12 Order, therefore, appellant’s Notice of Appeal had to be filed within thirty days after the rendition of the January 12 Order. Fla. R. App. P. 9.130(b).
Thus, appellant’s March 27, 2023 notice of appeal was untimely, and we are compelled to grant appellee’s motion to dismiss the appeal as we are
3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sanz v. Myriam Saenz (Fla. 3d DCA 2023)
Authorities Cited
- Martyn P. Seward v. Seward, 676 So. 2d 49 (Fla. 5th DCA 1996)
- Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187 (Fla. 3d DCA 2021)
- Sanz v. Myriam Saenz (Fla. 3d DCA 2023)