FELIX J. MELENDEZ
v.
CAROLINE MELENDEZ

Fla. 5th DCA | 2023-05-16
No. 22-2796
Florida District Court of Appeal, Fifth District (2023)

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Holding

Orders denying a contempt motion and temporarily suspending time-sharing are affirmed under Applegate v. Barnett Bank of Tallahassee, while other post-judgment orders are dismissed for lack of jurisdiction because they were either rendered more than thirty days before notice of appeal or are not directly appealable.


Headnotes

[1] A trial court may temporarily suspend a parent's time-sharing with minor children pursuant to the authority established in Applegate v. …

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Facts & Procedural History

Felix Melendez appealed multiple orders entered by the trial court after the final judgment dissolving his marriage to Caroline Melendez. The appeal c…

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Opinion of the Court

PER CURIAM.

Appellant, Felix J. Melendez, appeals numerous orders entered by the trial court subsequently to the final judgment dissolving the marriage of the parties.

We affirm the order denying Appellant’s motion for contempt and the separate order temporarily suspending Appellant’s time-sharing with the parties’ three minor children on the authority of Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). As to the remaining orders, we dismiss for lack of jurisdiction. The orders were either (1) rendered more than thirty days before the notice of appeal was filed or (2) not appealable under Florida Rule of Appellate Procedure 9.130. Lastly, even if we treat the appeal of these remaining orders as a petition seeking certiorari relief,1 no irreparable harm has been shown.

AFFIRMED, in part; DISMISSED, in part.

LAMBERT, C.J., EDWARDS and SOUD, JJ., concur.

Footnotes
1 See Fla. R. App. P. 9.040(c).

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