Jessica P. Wages, Etc. v. James Adam Baez

• Court: District Court of Appeal of Florida
• Decided: November 12, 2025
• Docket: 3D2025-1561
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 12, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1561 Lower Tribunal No. 25-12659-FC-04 ________________

Jessica P. Wages, etc., Appellant,

vs.

James Adam Baez, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Samantha Ruiz Cohen, Judge.

Jessica P. Wages, in proper person.

Kenneth M. Kaplan, for appellee.

Before LOGUE, LINDSEY, and MILLER, JJ.

MILLER, J. Appellant, Jessica P. Wages, appeals from an order dismissing the

petition for an injunction against domestic violence she filed on behalf of her

minor child, J.B. Appellee, James Adam Baez, has moved to dismiss and

for sanctions, contending that the order is nonfinal and nonappealable and

therefore this court lacks jurisdiction over the appeal. The trial court

dismissed the petition “without prejudice.” But the order reflects the

“evidence is insufficient,” and therefore there is “no just cause” for entry of

an injunction. Although the parties remain embroiled in other aspects of

litigation, Florida Rule of Appellate Procedure 9.130(a)(3)(B) expressly

authorizes review of nonfinal orders denying injunctive relief. Accordingly,

we deny the motion to dismiss and for sanctions. Id. (“Appeals to the district

courts of appeal of nonfinal orders are limited to those that: . . . grant,

continue, modify, deny, or dissolve injunctions, or refuse to modify or

dissolve injunctions.”).

Motion denied.