Joshua David Nicholas v. Raynell Hagberg
CourtDistrict Court of Appeal of Florida
Date FiledAugust 12, 2026
Docket4D2026-0863
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JOSHUA DAVID NICHOLAS,
Petitioner/Appellant,
v.
RAYNELL HAGBERG,
Respondent/Appellee.
No. 4D2026-0863
[August 12, 2026]
Petition for writ of certiorari and appeal of nonfinal order from the
Circuit Court for the Nineteenth Judicial Circuit, Martin County; Michael
Joseph McNicholas, Judge; L.T. Case No. 432025DR000684DRAXMX.
Joshua David Nicholas, Stuart, pro se.
No appearance for appellee.
PER CURIAM.
We deny the petition for writ of certiorari as to the psychological
evaluation because the issue was waived. See Klein v. Estate of Klein, 295
So. 3d 793, 803 (Fla. 4th DCA 2020) (finding waiver by acquiesce and
failure to timely object). We treat the portion of the petition challenging
supervised visitation as a non-final appeal pursuant to Florida Rule of
Appellate Procedure 9.130(a)(3)(C)(iii) and affirm. See Fla. R. App. P.
9.040(c) (“If a party seeks an improper remedy, the cause must be treated
as if the proper remedy had been sought . . . .”).
Petition denied; affirmed.
GERBER, LEVINE and SHEPHERD, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.