JACQUELINE VARNER
v.
BRIAN VARNER
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Nonfinal orders regarding child visitation are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b, not subject to certiorari review.
[1] Nonfinal orders that determine the rights or obligations of parties regarding child custody or time-sharing under a parenting plan are appealable as nonfinal orders under…
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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.”
Definition of child custody proceeding from Hickey v. Burlinson
Former Wife Jacqueline Varner sought certiorari review of a November 14, 2022 trial court order regarding child visitation from a family law case.…
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October 6, 2023 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.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.