Owen v. Owen

District Court of Appeal of Florida

Owen v. Owen

427 So. 2d 264, 1983 Fla. App. LEXIS 20810

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 1983

DocketNo. 82-1582

StatusPublished

Cited by1 cases

This text of 427 So. 2d 264 (Owen v. Owen) 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.

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Owen v. Owen, 427 So. 2d 264, 1983 Fla. App. LEXIS 20810 (Fla. Ct. App. 1983).

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Opinion

ON MOTION TO DISMISS APPEAL

COWART, Judge.

Appellee filed a petition for modification of a final judgment of dissolution to have child support and alimony increased. Appellant filed a motion to dismiss the petition for failure to state a cause of action. The trial court denied the motion to dismiss. Appellant appeals the order denying appellant’s motion to dismiss. Appellee has filed a motion to dismiss the appeal.

[265]*265The appealed order holds only that the petition states a cause of action under Florida Rule of Civil Procedure 1.110(h) and Section 61.14, Florida Statutes (1981). Such an order does not determine “the issue of liability in favor of a party seeking affirmative relief” within Florida Appellate Rule 9.130(a)(3)(C)(iv) and is a non-final non-ap-pealable order. Accordingly, the motion to dismiss is granted and this appeal is

DISMISSED.

COBB and SHARP, JJ., concur.

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