Smiley v. Smiley

District Court of Appeal of Florida

Smiley v. Smiley

123 So. 3d 140, 2013 WL 5575222, 2013 Fla. App. LEXIS 16199

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 2013

DocketNo. 5D13-1947

StatusPublished

This text of 123 So. 3d 140 (Smiley v. Smiley) 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

Smiley v. Smiley, 123 So. 3d 140, 2013 WL 5575222, 2013 Fla. App. LEXIS 16199 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

Jeanna M. Smiley appeals from an order denying a contempt motion alleging violations of a superseded 2005 child custody and contact order by her former husband. Because the order which Appellant alleges [141]*141her former husband violated was modified in 2010 to give the former husband sole custody because of Appellant’s incarceration, the trial court properly denied the contempt motion. The issues that Appellant seeks to argue on appeal will necessarily be addressed when the trial court hears Appellant’s petition to modify the 2010 order, which is currently pending below.

AFFIRMED.

TORPY, C.J., SAWAYA and LAWSON, JJ., concur.

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PER CURIAM.

Jeanna M. Smiley appeals from an order denying a contempt motion alleging violations of a superseded 2005 child custody and contact order by her former husband. Because the order which Appellant alleges [141]*141her former husband violated was modified in 2010 to give the former husband sole custody because of Appellant’s incarceration, the trial court properly denied the contempt motion. The issues that Appellant seeks to argue on appeal will necessarily be addressed when the trial court hears Appellant’s petition to modify the 2010 order, which is currently pending below.

AFFIRMED.

TORPY, C.J., SAWAYA and LAWSON, JJ., concur.

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Bluebook (online)

123 So. 3d 140, 2013 WL 5575222, 2013 Fla. App. LEXIS 16199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smiley-v-smiley-fladistctapp-2013.