FELIX J. MELENDEZ vs CAROLINE MELENDEZ

• Court: District Court of Appeal of Florida
• Decided: May 16, 2023
• Docket: 22-2796
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

FELIX J. MELENDEZ,

Appellant, Case No. 5D22-2796 v. LT Case No. 2019-DR-013840

CAROLINE MELENDEZ,

Appellee. ________________________________/

Opinion filed May 16, 2023

Nonfinal Appeal from the Circuit Court for Brevard County, Jigisa Patel-Dookhoo, Judge.

Keith McCarter, of McCarter Law Offices, P.A., Tampa, for Appellant.

David Diaz, of Diaz Family Law Firm, P.A., Mount Dora, for Appellee.

PER CURIAM.

Appellant, Felix J. Melendez, appeals numerous orders entered by the

trial court subsequently to the final judgment dissolving the marriage of the

parties. We affirm the order denying Appellant’s motion for contempt and the

separate order temporarily suspending Appellant’s time-sharing with the

parties’ three minor children on the authority of Applegate v. Barnett Bank of

Tallahassee, 377 So. 2d 1150 (Fla. 1979). As to the remaining orders, we

dismiss for lack of jurisdiction. The orders were either (1) rendered more

than thirty days before the notice of appeal was filed or (2) not appealable

under Florida Rule of Appellate Procedure 9.130. Lastly, even if we treat the

appeal of these remaining orders as a petition seeking certiorari relief, 1 no

irreparable harm has been shown.

AFFIRMED, in part; DISMISSED, in part.

LAMBERT, C.J., EDWARDS and SOUD, JJ., concur.

1 See Fla. R. App. P. 9.040(c).