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Messier v. Martin-Messier

District Court of Appeal of Florida, Third District.
Feb 2, 2012
77 So. 3d 795 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D10–2777.

2012-02-2

Martin Edward MESSIER, Appellant, v. Lesley J. MARTIN–MESSIER, Appellee.

An Appeal from the Circuit Court for Monroe County, Tegan Slaton, Judge.Greenman & Manz and David Manz, Marathon, for appellant. Lesley J. Martin–Messier, n/k/a Lesley Salinero, in proper person.


An Appeal from the Circuit Court for Monroe County, Tegan Slaton, Judge.Greenman & Manz and David Manz, Marathon, for appellant. Lesley J. Martin–Messier, n/k/a Lesley Salinero, in proper person.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

SHEPHERD, J.

This is an appeal from an order denying the former husband's motion for rehearing on the trial court's denial of his Florida Rule of Civil Procedure 1.540(b) motion and supplemental petition for modification of time-sharing, enforcement of mediation agreement and final judgment, determination of parent plan, and child support.

We dismiss the former husband's appeal of the order denying the former husband's Rule 1.540(b) motion for lack of jurisdiction. See Fla. R.App. P. 9.130(5) (“Motions for rehearing directed to these [non-final] orders will not toll the time for filing a notice of appeal.”). We reverse the order of the trial court which denied the former husband's request for child support for the minor child, Dakota Messier, and remand for a calculation and award of child support for the period from September 2010 through the date of Dakota's high school graduation. See § 61.30, Fla. Stat. (2010); § 743.07(2), Fla. Stat. (2010); Wattenbarger v. Wattenbarger, 767 So.2d 1172, 1173 (Fla.2000). We affirm all other points on appeal.


Summaries of

Messier v. Martin-Messier

District Court of Appeal of Florida, Third District.
Feb 2, 2012
77 So. 3d 795 (Fla. Dist. Ct. App. 2012)
Case details for

Messier v. Martin-Messier

Case Details

Full title:Martin Edward MESSIER, Appellant, v. Lesley J. MARTIN–MESSIER, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Feb 2, 2012

Citations

77 So. 3d 795 (Fla. Dist. Ct. App. 2012)