Katherine Hiett Viker v. Arthur Collin Cherry

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

KATHERINE HIETT VIKER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED.

v. CASE NO. 1D17-2865

ARTHUR COLLIN CHERRY,

Appellee. _______________________________/

Opinion filed September 27, 2017.

An appeal from the Circuit Court for Leon County. Stewart E. Parsons, Judge.

Emilian "Ian" Bucataru, Tallahassee, for Appellant. No appearance for Appellee.

PER CURIAM.

The Court has determined that the May 5, 2017, order partially ruling on a petition to modify parenting schedule and child support is not a final order. See Hoffman v. O'Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002). Furthermore, although the order was subject to immediate appellate review pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)b., appellant failed to invoke the *2 Court’s jurisdiction to review the order in a timely manner. Ward v. Bragg, 957 So. 2d 670 (Fla. 1st DCA 2007) (holding that rehearing of a non-final order is not authorized and does not delay rendition). Accordingly, the appeal is dismissed for lack of jurisdiction. BILBREY, WINSOR, and M.K. THOMAS, JJ., CONCUR.