Nataliya Venger F/K/A Nataliya Reno v. Richard Reno
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2026
Docket1D2026-0426
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2026-0426
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NATALIYA VENGER f/k/a
NATALIYA RENO,
Appellant,
v.
RICHARD RENO,
Appellee.
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On appeal from the Circuit Court for Walton County.
Jonathan V. Schlecter, Judge.
August 26, 2026
PER CURIAM.
Appellant appeals an order denying her motions for
enforcement and reunification that she filed in her dissolution
action. Appellant sought to modify a no-contact order that had
been entered in her separate dependency case and to enforce the
parties’ timesharing plan included within the final dissolution
judgment. We agree with Appellant that the trial court
erroneously determined that her requested relief should have been
pursued by petition rather than by motion. Not only had Appellant
already filed a supplemental petition to modify timesharing that
was still pending in the dissolution action, but the dependency
court’s no-contact order was not a final judgment. Cf. Fla. Fam. L.
R. P. 12.110(h) (“When the nature of an action permits pleadings
subsequent to final judgment and the jurisdiction of the court over
the parties has not terminated, the initial pleading subsequent to
final judgment must be designated a supplemental petition. . . .
Proceedings to modify a final judgment must be initiated only
under this subdivision and not by motion.”) (emphasis added). As
such, Appellant properly sought relief by motion.
With that said, we affirm the order on appeal under the tipsy
coachman doctrine for three reasons. See Holifield v. Big Bend
Cares, Inc., 326 So. 3d 739, 742 (Fla. 1st DCA 2021) (explaining
that under the tipsy coachman doctrine, if a trial court reaches the
right result, but for the wrong reasons, its decision will be upheld
if there is any basis that would support the judgment in the
record). First, although Appellant’s motion to enforce the final
judgment’s timesharing plan was properly filed in the dissolution
action, the trial court could not have enforced that plan while the
dependency court’s no-contact order was still in place. See §
39.013(4), Fla. Stat. (providing that orders entered under chapter
39 that affect the placement of, or parental time with, a minor child
“shall take precedence over other orders entered in civil actions or
proceedings”).
Next, Appellant moved for reunification and to modify the no-
contact order in the dissolution action, not in the dependency
action. This was notwithstanding the fact that the dependency
court retained “jurisdiction” over the case when it terminated
protective services and administratively consolidated the two
cases. That consolidation did not close the dependency case. See
CDI Contractors, LLC v. Allbrite Elec. Contractors, Inc., 836 So. 2d
1031, 1033 (Fla. 5th DCA 2002) (“The purpose of consolidating
cases is to minimize expense and delay. . . . Consolidation affects
the procedure of the case, but has no effect on the substantive
rights of the parties in an individual case, and does not destroy
their separate identities.”). Indeed, the dependency court’s
retention of jurisdiction was “until such time as jurisdiction is
relinquished to Family Law Court.” We find nothing in Appellant’s
appendix showing that jurisdiction over the dependency case was
relinquished to the family court. See B.D. v. C.D., 417 So. 3d 322,
325 (Fla. 4th DCA 2025) (holding that the guardianship court
lacked “case jurisdiction” to proceed where the dependency court
continued to exercise jurisdiction over the children); 14302 Marina
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San Pablo Place SPE, LLC v. VCP-San Pablo, Ltd., 92 So. 3d 320,
321 (Fla. 1st DCA 2012) (Ray, J., concurring) (explaining that “case
jurisdiction” pertains to whether a court has power over a
particular case that is within its subject matter jurisdiction as
determined by reference to the case’s procedural posture).
Finally, even if Appellant had filed her motion for
reunification in the dependency action or had the trial court in the
dissolution action had authority to rule on the matter, Appellant
did not abide by the no-contact order’s requirements for seeking
reunification. Not only did she fail to submit any evidence
pertaining to a completed mental health/psychological evaluation
below, but she also failed to produce any evidence from the
children’s therapist, counselor, or psychologist as to visitation.
Both types of evidence were expressly required in the no-contact
order before the issue of visitation could be reevaluated.
Accordingly, we affirm the order under review.
LEWIS, RAY, and M.K. THOMAS, 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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Amy D. Shield and Roger Levine of Shield & Levine, P.A., Boca
Raton, for Appellant.
Allison M. Perry of Florida Appeals, P.A., Tampa, for Appellee.
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