Bennett v. Bennett

District Court of Appeal of Florida

Bennett v. Bennett

645 So. 2d 32, 1994 Fla. App. LEXIS 10145, 1994 WL 576112

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1994

DocketNo. 94-395

StatusPublished

Cited by3 cases

This text of 645 So. 2d 32 (Bennett v. Bennett) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Bennett, 645 So. 2d 32, 1994 Fla. App. LEXIS 10145, 1994 WL 576112 (Fla. Ct. App. 1994).

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Opinion

DAUKSCH, Judge.

This is an appeal from an order of contempt in a marital dissolution case. We dismiss the appeal.

An order of contempt for nonpayment of spousal support is an interlocutory order, an order appealable under the rules governing non-final appeals. Fla.R.App.P. 9.130(a)(4); Department of Health & Rehabilitative Servs. v. Beckwith, 624 So.2d 395 (Fla. 5th DCA 1993). The time for filing a notice of appeal from a non-final order is thirty days. Fla.R.App.P. 9.130(b). Motions for rehearing of non-final orders do not toll the time for taking an appeal. Freeman v. Perdue, 588 So.2d 671 (Fla. 5th DCA 1991).

Because the notice of appeal was filed more than thirty days from the date the order appealed was entered, it is untimely. We lack jurisdiction to hear this appeal.

APPEAL DISMISSED.

W. SHARP and GOSHORN, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from an order of contempt in a marital dissolution case. We dismiss the appeal.

An order of contempt for nonpayment of spousal support is an interlocutory order, an order appealable under the rules governing non-final appeals. Fla.R.App.P. 9.130(a)(4); Department of Health & Rehabilitative Servs. v. Beckwith, 624 So.2d 395 (Fla. 5th DCA 1993). The time for filing a notice of appeal from a non-final order is thirty days. Fla.R.App.P. 9.130(b). Motions for rehearing of non-final orders do not toll the time for taking an appeal. Freeman v. Perdue, 588 So.2d 671 (Fla. 5th DCA 1991).

Because the notice of appeal was filed more than thirty days from the date the order appealed was entered, it is untimely. We lack jurisdiction to hear this appeal.

APPEAL DISMISSED.

W. SHARP and GOSHORN, JJ., concur.

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Bluebook (online)

645 So. 2d 32, 1994 Fla. App. LEXIS 10145, 1994 WL 576112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-bennett-fladistctapp-1994.

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