JACK B. OWEN, APPELLANT,
v.
MARY E. OWEN, APPELLEE
Explore caselaw by topic → Browse Petition For Modification Of Alimony cases and more on FLexlaw
COWART, Judge.
Appellee filed a petition for modification of a final judgment of dissolution to have child support and alimony increased. Appellant filed a motion to dismiss the petition for failure to state a cause of action. The trial court denied the motion to dismiss. Appellant appeals the order denying appellant’s motion to dismiss. Appellee has filed a motion to dismiss the appeal. The appealed order holds only that the petition states a cause of action under Florida Rule of Civil Procedure 1.110(h) and Section 61.14, Florida Statutes (1981). Such an order does not determine “the issue of liability in favor of a party seeking affirmative relief” within Florida Appellate Rule 9.130(a)(3)(C)(iv) and is a non-final non-ap-pealable order. Accordingly, the motion to dismiss is granted and this appeal is
DISMISSED.
COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Couture Farms v. Triton Int'l, Inc., 682 So. 2d 578 (Fla. 3d DCA 1996)…denial of the motions to dismiss for failure to state a cause of action are non-appealable and must also be dismissed. See Bay Place Development Corp. v. Ellis First National Bank of West Pasco, N.A, 465 So. 2d 628 (Fla. 2d DCA 1985); Owen v. Owen, 427 So. 2d 264 (Fla. 5th DCA 1983); Floyd v. Guardian Life Insurance Company of America, 415 So. 2d 103 (Fla. 3d DCA 1982). Affirmed in part and dismissed in part.…