Joseph Lee Heath, Father v. Jessica Rose Lee, Mother
CourtDistrict Court of Appeal of Florida
Date FiledMay 6, 2021
Docket1D21-0362
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-362
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JOSEPH LEE HEATH, Father,
Appellant,
v.
JESSICA ROSE LEE, Mother,
Appellee.
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On appeal from the Circuit Court for Escambia County.
John L. Miller, Judge.
May 6, 2021
PER CURIAM.
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.
ROWE, MAKAR, and OSTERHAUS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Bradley G. Johnson of Bradley G. Johnson, P.A., Milton, for
Appellant.
No appearance for Appellee.
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