Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is a non-final order in a Florida family law case? According to Florida law, "The test for whether an order is final is whether further judicial labor is required or contemplated." Mallory v. Brinckerhoff, 312 So.3d 944 (Fla. 4th DCA 2021). So a non-final order is one which does not end all judicial labor, meaning there is more for the court to do in a case to resolve it. Examples of non-final orders are orders granting temporary alimony, temporary child support and a temporary parenting plan. The finality of an order is important in determining your right to appeal the order. This was an issue in the case Sanz v. Saenz, 3D23-549 (Fla. 3d DCA May 3, 2023).

On January 12, 2023, the husband in an ongoing divorce case was ordered to pay temporary fees and costs to the wife. On January 26, 2023, the husband filed a motion for rehearing on the order. Apparently, the husband believed this motion for rehearing tolled or paused the 30-day deadline for him to appeal the temporary order. He therefore filed his notice of appeal on March 27, 2023, more than 30 days after the order being appealed was entered.

The appellate court dismissed the appeal, holding “The January 12 Order was an appealable, nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)a. [. . .] 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).”

Schedule your meeting with a Miami family law attorney to understand deadlines in your case and to otherwise understand how the law may apply to your situation.