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Varner v. Varner

Florida Court of Appeals, Fifth District
Oct 6, 2023
No. 5D23-446 (Fla. Dist. Ct. App. Oct. 6, 2023)

Opinion

5D23-446

10-06-2023

Jacqueline Varner, Petitioner, v. Brian Varner, Respondent.

Jason Brian Phillips, of J. Brian Phillips, P.A., Orlando, for Petitioner. Beth M. Terry, of Law Office of B.M. Terry, P.A., Jacksonville, for Respondent.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.S

Petition for Certiorari Review of Order from the Circuit Court for Duval County LT Case No. 2013-DR-002635-FM Suzanne Bass, Judge.

Jason Brian Phillips, of J. Brian Phillips, P.A., Orlando, for Petitioner.

Beth M. Terry, of Law Office of B.M. Terry, P.A., Jacksonville, for Respondent.

PER CURIAM.

Former Wife petitions this Court for a writ of certiorari seeking to quash the trial court's order regarding child visitation dated November 14, 2022. Former Wife alleges this court has jurisdiction pursuant to article V, section 4(b)(3), of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(b)(3), which confer original jurisdiction upon district courts of appeal to issue writs of common law certiorari. However, nonfinal orders that determine "the rights or obligations of a party regarding child custody or time-sharing under a parenting plan" are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b. "A 'child custody proceeding' is defined as one in which legal custody, physical custody, residential care, or visitation with respect to a child is at issue." Hickey v. Burlinson, 33 So.3d 827, 829 (Fla 5th DCA 2010) (citing § 61.503(4), Fla. Stat. (2009)). Therefore, an order regarding child visitation is an appealable, nonfinal order. Id. As a result, we treat this matter as an appeal of a nonfinal order rather than a petition for writ of certiorari and affirm on all issues without further discussion.

See Fla. R. App. P. 9.040(c) ("If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought ....").

AFFIRMED.

LAMBERT, BOATWRIGHT, and PRATT, JJ., concur.


Summaries of

Varner v. Varner

Florida Court of Appeals, Fifth District
Oct 6, 2023
No. 5D23-446 (Fla. Dist. Ct. App. Oct. 6, 2023)
Case details for

Varner v. Varner

Case Details

Full title:Jacqueline Varner, Petitioner, v. Brian Varner, Respondent.

Court:Florida Court of Appeals, Fifth District

Date published: Oct 6, 2023

Citations

No. 5D23-446 (Fla. Dist. Ct. App. Oct. 6, 2023)