FELIX MELENDEZ v. CAROLINE MELENDEZ (2023)

District Court of Appeal of Florida, Fifth District.

FELIX J. MELENDEZ, Appellant, v. CAROLINE MELENDEZ, Appellee.

Case No. 5D22-2796

Decided: May 16, 2023

Keith McCarter, of McCarter Law Offices, P.A., Tampa, for Appellant. David Diaz, of Diaz Family Law Firm, P.A., Mount Dora, for Appellee.

Appellant, Felix J. Melendez, appeals numerous orders entered by the trial court subsequently to the final judgment dissolving the marriage of the parties.

We affirm the order denying Appellant's motion for contempt and the separate order temporarily suspending Appellant's time-sharing with the parties’ three minor children on the authority of Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). As to the remaining orders, we dismiss for lack of jurisdiction. The orders were either (1) rendered more than thirty days before the notice of appeal was filed or (2) not appealable under Florida Rule of Appellate Procedure 9.130. Lastly, even if we treat the appeal of these remaining orders as a petition seeking certiorari relief,¹ no irreparable harm has been shown.

AFFIRMED, in part; DISMISSED, in part.

FOOTNOTES

1. See Fla. R. App. P. 9.040(c).

PER CURIAM.

LAMBERT, C.J., EDWARDS and SOUD, JJ., concur.

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