From Casetext: Smarter Legal Research

Viker v. Cherry

District Court of Appeal of Florida, First District.
Sep 27, 2017
226 So. 3d 1082 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D17–2865

09-27-2017

Katherine Hiett VIKER, Appellant, v. Arthur Collin CHERRY, Appellee.

Emilian "Ian" Bucataru, Tallahassee, for Appellant. No appearance for Appellee.


Emilian "Ian" Bucataru, Tallahassee, for Appellant.

No appearance for Appellee.

PER CURIAM.

The Court has determined that the May 5, 2017, order partially ruling on a petition to modify parenting schedule and child support is not a final order. See Hoffman v. O'Connor, 802 So.2d 1197 (Fla. 1st DCA 2002). Furthermore, although the order was subject to immediate appellate review pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C) b., appellant failed to invoke the Court's jurisdiction to review the order in a timely manner. Ward v. Bragg, 957 So.2d 670 (Fla. 1st DCA 2007) (holding that rehearing of a non-final order is not authorized and does not delay rendition). Accordingly, the appeal is dismissed for lack of jurisdiction.

BILBREY, WINSOR, and M.K. THOMAS, JJ., CONCUR.


Summaries of

Viker v. Cherry

District Court of Appeal of Florida, First District.
Sep 27, 2017
226 So. 3d 1082 (Fla. Dist. Ct. App. 2017)
Case details for

Viker v. Cherry

Case Details

Full title:Katherine Hiett VIKER, Appellant, v. Arthur Collin CHERRY, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Sep 27, 2017

Citations

226 So. 3d 1082 (Fla. Dist. Ct. App. 2017)