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

When appealing a Florida family law order, it is important to understand if the order is final or non-final. If it is non-final, it is important to understand if the appellate rules of procedure allow it to be appealed. Understanding these issues can avoid potential waste of money and time in appealing an order that may not be appealed under the rules. This was an issue in the case Gaskins v. Bahour, 2D2023-2617 (Fla. 2d DCA November 27, 2024).

The former wife in this case filed a petition to modify the parenting plan and child support. The court ultimately entered an order denying the petition as to time-sharing. Approximately one year later, the former wife filed a motion for a case management conference. This resulted in the entry of two orders - one which stated she had not “specifically and independently pled count for child support”, and another which denied her request for a case management conference on the basis that there was “nothing pending before th[e trial c]ourt to warrant a [c]ase [m]anagement [c]onference." The former wife appealed both orders.

The appellate court dismissed the appeal, holding it had no jurisdiction to review these non-final orders. The court held “Both orders are nonfinal, as the orders neither contain language of finality nor dismiss the Former Wife's amended supplemental petition with prejudice. See Obermark v. Obermark, 392 So. 3d 598, 599 (Fla. 5th DCA 2023); Delgado v. Morejon, 295 So. 3d 1214, 1217 (Fla. 5th DCA 2020). Indeed, in her response to our order to show cause, the Former Wife agrees that ‘the orders on appeal are not final orders.’ Rule 9.130(a)(3) lists the nonfinal orders that we may review in these proceedings. Wamsley, 225 So. 3d at 404. The orders at issue are not on that list, so we must dismiss this appeal for lack of jurisdiction.”

Schedule your meeting with a Miami family law attorney to understand the rules and procedures in your case.