David Ruozzi v. Adriana Wulff
CourtDistrict Court of Appeal of Florida
Date FiledApril 8, 2020
Docket3D19-0782
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 8, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-782
Lower Tribunal No. 13-29082
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David Ruozzi,
Appellant,
vs.
Adriana Wulff,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Monica Gordo,
Judge.
Joseph W. Gibson, P.A., and Joseph W. Gibson, for appellant.
Your Support Solution, P.A. d/b/a Support Solutions, and Lawrence J.
Shapiro and David L. Bonham, for appellee.
Before EMAS, C.J., and SCALES and MILLER, JJ.
PER CURIAM.
David Ruozzi, the former husband, appeals the trial court’s March 25, 2019
“Order Adopting and Ratifying Report and Recommendation of General Magistrate
Dated October 22, 2018.” While the March 25, 2019 order “ratified and adopted”
the general magistrate’s report and recommendations, the order also specifically
states that “[a] separate money judgment shall be entered.”
The challenged order is, on its face, non-final, and the trial court has not, to
date, entered the referenced “separate money judgment.” Although, on August 14,
2019, a separate panel of this Court entered an unelaborated order denying the
motion to dismiss the appeal filed by appellee, Adriana Wulff, the former wife, this
August 14, 2019 order was entered prior to any briefing by the parties. We note that,
“[u]nder this court’s long-standing practice, an order which denies a motion to
dismiss the appeal without opinion is an interlocutory ruling which may be revisited
by the merits panel.” State v. Bryant, 901 So. 2d 381, 382 (Fla. 3d DCA 2005).
Upon careful review of the entire appellate record, we conclude that we lack
jurisdiction to review the March 25, 2019 order because it is a non-final, non-
appealable order. See Fla. R. App. P. 9.130(a)(3); Miami-Dade Cty. v. Pozos, 242
So. 3d 1152, 1153 (Fla. 3d DCA 2017) (“The Florida Supreme Court has by rule
authorized interlocutory appeals from a limited and narrowly-defined class of
nonfinal orders. Interlocutory appeals of nonfinal orders in civil cases are restricted
to those enumerated in Florida Rule of Appellate Procedure 9.130(a)(3).”).
2
We, therefore, dismiss the appeal without prejudice to either party seeking
timely appellate review of a final, appealable order, when one is entered by the trial
court. 1
Appeal dismissed.
1
We express no opinion as to the merits of the dismissed appeal.
3