AYMARA WELL, DAISY LOPEZ, JARIENT A. HERNANDEZ, APPELLANTS,
v.
TONY WELL, APPELLEE
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PER CURIAM.
This is an appeal from an order denying a motion to dismiss an amended petition for modification of a final judgment of dissolution of marriage. We dismiss the appeal for lack of an appealable order. An order denying a motion to dismiss is not an appealable order unless it falls within one of the exceptions enumerated in the appellate rules. See Fla. R.App. P. 9.130; Morton & Oxley, Ltd. v. Eby, 30 Fla. L. Weekly D 1107, — So. 2d -, 2005 WL 991675 (Fla. 2d DCA April 29, 2005); Grafman v. Grafman, 488 So. 2d 115 (Fla. 3d DCA 1986). There is no applicable exception in this case.
Appeal dismissed.*
*
Although the merits are not now before us, the parties' attention is invited to Sekot Laboratories, Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1990).
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R.J.K. v. State, 928 So. 2d 499 (Fla. 2d DCA 2006)…ncipal in a crime, one must have a conscious intent that the crime be done and must do some act or say some word which was intended to and does incite, cause, encourage, assist, or advise another person to actually commit the crime. L.J.S. v. State, 909 So. 2d 951 (Fla. 2d DCA 2005). The evidence shows only that R.J.K. might have known or discovered who committed the burglary and tried to get his uncle’s money back. Indeed, R.J.K. might have learned of the crime after it had ' occurred. R.J.K.’s statement to…
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A.D. v. State, 106 So. 3d 67 (Fla. 2d DCA 2013)…me be done and must do some act or say some word which was intended to and does incite, cause, encourage, assist or advise another person to actually commit the crime.” R.J.K. v. State, 928 So. 2d 499, 503 (Fla. 2d DCA 2006) (citing L.J.S. v. State, 909 So. 2d 951 (Fla. 2d DCA 2005)). Mere presence at the scene of the crime, knowledge of the crime, and even flight from the scene are insufficient to show that a defendant was an aider and abettor. See e.g., G.C., 407 So. 2d at 640 (reversing an adjudication of…
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Rocker v. State, 122 So. 3d 898 (Fla. 2d DCA 2013)…e be done and must do some act or say some word which was intended to and does incite, cause, encourage, assist, or advise another person to actually commit the crime.’ ” State v. Tovar, 110 So. 3d 33, 36 (Fla. 2d DCA 2013) (quoting L.J.S. v. State, 909 So. 2d 951, 952 (Fla. 2d DCA 2005)). Because intent is a state of mind, it is rarely ascertainable by direct evidence, State v. Stenza, 453 So. 2d 169, 171 (Fla. 2d DCA 1984), and it is usually proven through inference and circumstantial evidence, Manuel v. St…
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- Grafman v. Grafman, 488 So. 2d 115 (Fla. 3d DCA 1986)
- Sekot Labs., Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1990)