Fuller v. Sandler N/K/A Kempler ( 2017 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed October 18, 2017.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D17-76
    Lower Tribunal No. 12-15364
    ________________
    Joshua Luther Fuller,
    Appellant,
    vs.
    Shelby Sandler n/k/a Shelby Kempler,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Valerie R.
    Manno Schurr, Judge.
    Marks & West, P.A., and Evan R. Marks and Carolyn W. West, for
    appellant.
    Berger Singerman LLP, and Kathleen S. Phang and David Archer, for
    appellee.
    Before ROTHENBERG, C.J., and SUAREZ and SALTER, JJ.
    ROTHENBERG, C.J.
    The former husband, Joshua Luther Fuller, appeals from an order denying
    his motion to vacate and for relief from a temporary stay away order. The denial
    was without prejudice to allow the trial court to conduct an evidentiary hearing on
    the former husband’s motion. Because the order appealed is a non-final, non-
    appealable order, we dismiss the appeal for lack of jurisdiction and remand to the
    trial court to conduct the evidentiary hearing. See Lamothe v. Sellars, 
    695 So. 2d 1259
    , 1260 (Fla. 4th DCA 1997) (holding that stay away orders are not injunctions,
    but rather “protective or case management orders being used by the court to
    control the proceedings before it,” and therefore, stay away orders are not
    reviewable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B), which
    authorizes review of non-final orders granting injunctions).
    Dismissed and remanded.
    2
    

Document Info

Docket Number: 17-0076

Filed Date: 10/18/2017

Precedential Status: Precedential

Modified Date: 10/18/2017