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Joseph Lee HEATH, Father, Appellant, v. Jessica Rose LEE, Mother, Appellee.
Appellant Joseph Lee Heath seeks review of two non-final orders in a family law case related to his petition in the trial court seeking modification of visitation, child support, and other relief.
Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b. authorizes appeals from nonfinal orders “that ․ determine ․ in family law matters ․ the rights or obligations of a party regarding custody or time-sharing under a parenting plan.” But in this case, the trial court's orders addressed timesharing issues without determining any rights or obligations. As such, Appellant's appeal of the orders is premature and requires dismissal. See Pool v. Bunger, 43 So. 3d 837, 838 (Fla. 1st DCA 2010) (dismissing appeal of a nonfinal order in part “because, although it addresses matters concerning visitation, the order does not terminate Appellant's visitation rights or otherwise determine ‘the right to immediate ․ child custody.’ ”).
Dismissed.
Per Curiam.
Rowe, Makar, and Osterhaus, JJ., concur.
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Docket No: No. 1D21-362
Decided: May 06, 2021
Court: District Court of Appeal of Florida, First District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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