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Heath v. Lee

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
May 6, 2021
316 So. 3d 436 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D21-362

05-06-2021

Joseph Lee HEATH, Father, Appellant, v. Jessica Rose LEE, Mother, Appellee.

Bradley G. Johnson of Bradley G. Johnson, P.A., Milton, for Appellant. No appearance for Appellee.


Bradley G. Johnson of Bradley G. Johnson, P.A., Milton, for Appellant.

No appearance for Appellee.

Per Curiam.

Appellant Joseph Lee Heath seeks review of two non-final orders in a family law case related to his petition in the trial court seeking modification of visitation, child support, and other relief.

Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii) b. authorizes appeals from nonfinal orders "that ... determine ... in family law matters ... the rights or obligations of a party regarding custody or time-sharing under a parenting plan." But in this case, the trial court's orders addressed timesharing issues without determining any rights or obligations. As such, Appellant's appeal of the orders is premature and requires dismissal. See Pool v. Bunger , 43 So. 3d 837, 838 (Fla. 1st DCA 2010) (dismissing appeal of a nonfinal order in part "because, although it addresses matters concerning visitation, the order does not terminate Appellant's visitation rights or otherwise determine ‘the right to immediate ... child custody.’ ").

DISMISSED .

Rowe, Makar, and Osterhaus, JJ., concur.


Summaries of

Heath v. Lee

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
May 6, 2021
316 So. 3d 436 (Fla. Dist. Ct. App. 2021)
Case details for

Heath v. Lee

Case Details

Full title:JOSEPH LEE HEATH, Father, Appellant, v. JESSICA ROSE LEE, Mother, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: May 6, 2021

Citations

316 So. 3d 436 (Fla. Dist. Ct. App. 2021)