McGrath v. Puckett

District Court of Appeal of Florida

McGrath v. Puckett

75 So. 3d 366, 2011 Fla. App. LEXIS 18604, 2011 WL 5843031

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 2011

DocketNo. 1D11-5143

StatusPublished

This text of 75 So. 3d 366 (McGrath v. Puckett) 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

McGrath v. Puckett, 75 So. 3d 366, 2011 Fla. App. LEXIS 18604, 2011 WL 5843031 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

The appellant seeks review of the denial of her petition for relocation that was decided in a nonfinal order of dissolution of marriage. The order denied the petition upon determining the best interest of the [367]*367minor child pursuant to an analysis of the factors set forth in section 61.13001, Florida Statutes. However, because the order does not dispose of a claim that is separate and distinct from the dissolution action, the order is not appealable as a partial final judgment pursuant to Florida Rule of Appellate Procedure 9.110(k). Jensen v. Whetstine, 985 So.2d 1218, 1220 (Fla. 1st DCA 2008); Irvine v. T. Southwood 1295, Inc., 948 So.2d 981 (Fla. 1st DCA 2007). Accordingly, the appeal is DISMISSED. Fla. R.App. P. 9.110((). This dismissal is without prejudice to the appellant’s right to file a timely appeal when a final order has been rendered.

DAVIS, VAN NORTWICK, and THOMAS, JJ., concur.

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PER CURIAM.

The appellant seeks review of the denial of her petition for relocation that was decided in a nonfinal order of dissolution of marriage. The order denied the petition upon determining the best interest of the [367]*367minor child pursuant to an analysis of the factors set forth in section 61.13001, Florida Statutes. However, because the order does not dispose of a claim that is separate and distinct from the dissolution action, the order is not appealable as a partial final judgment pursuant to Florida Rule of Appellate Procedure 9.110(k). Jensen v. Whetstine, 985 So.2d 1218, 1220 (Fla. 1st DCA 2008); Irvine v. T. Southwood 1295, Inc., 948 So.2d 981 (Fla. 1st DCA 2007). Accordingly, the appeal is DISMISSED. Fla. R.App. P. 9.110((). This dismissal is without prejudice to the appellant’s right to file a timely appeal when a final order has been rendered.

DAVIS, VAN NORTWICK, and THOMAS, JJ., concur.

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Bluebook (online)

75 So. 3d 366, 2011 Fla. App. LEXIS 18604, 2011 WL 5843031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-puckett-fladistctapp-2011.

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