Florida Court Discusses Appealability of Child Custody Orders

In Florida, post-dissolution proceedings involving child support and timesharing modifications must proceed in a manner similar to initial pleadings. This means that modifications culminate in a final order, and nonfinal decisions are not immediately appealable unless authorized explicitly by appellate rules. This was illustrated by a recent Florida decision that resulted in the dismissal of an appeal due to a lack of jurisdiction. If you are involved in a child support or timesharing dispute, it is crucial to understand the steps you must take to protect your rights, and you should consult an experienced Miami child custody attorney as soon as possible.

Facts of the Case and Procedural Setting

It is reported that the appellant, the wife, sought to modify timesharing and child support following a final judgment of dissolution. Allegedly, the wife filed an initial supplemental petition for modification in October 2017 and later filed an amended supplemental petition in March 2022. Both petitions included requests for modifications to timesharing and child support.

Reportedly, after a hearing in December 2022, the trial court denied the former wife’s amended supplemental petition as it pertained to timesharing. Subsequently, in November 2023, the former wife filed a motion for a case management conference, listing various issues she believed remained unresolved, including child support. A short time later, the court issued two orders.

Allegedly, the first order stated that the wife’s amended supplemental petition did not include an independent and specifically pled to count for child support. The second denied her motion for a case management conference, determining that no issues remained pending before the court to justify further proceedings.

Appealability of Child Custody Orders

On appeal, the court reviewed whether the two trial court orders were final and appealable under Florida law. The court emphasized that in post-dissolution proceedings, modifications must culminate in a final order or a supplemental final judgment. Pursuant to Florida Rule of Appellate Procedure 9.130(a)(3), only certain nonfinal orders are immediately appealable. The court reiterated that nonfinal orders that do not conclusively resolve all pending issues or dismiss a case with prejudice do not constitute appealable final orders.

The court cited precedent establishing that for an order to be appealable, it must contain language of finality or result in a dismissal with prejudice. In this case, the appellate court determined that neither of the trial court’s orders met these criteria. The court also noted that the former wife acknowledged in her response to the appellate court’s show cause order that the orders under review were not final.

Given these considerations, the court concluded that it lacked jurisdiction to review the appeal and dismissed the case.

Consult a Skilled Miami Family Law Attorney

Navigating post-dissolution modifications can be legally complex, particularly when dealing with issues of appellate jurisdiction. If you are involved in a dispute over child support or timesharing, it is essential to consult an attorney regarding your options. The dedicated Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A., can take the measures necessary to assist you in protecting your parental rights. Contact us at 800-596-0579 or use our online form to schedule a consultation.