ADRIANA MONICA MENDOZA
v.
TOMAS CURBELO
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A trial court's modification of timesharing and child support supported by competent substantial evidence is affirmed, but an appeal of a mere finding of entitlement to attorney's fees without a fixed amount is dismissible as non-final.
[1] A trial court's finding that a party is entitled to attorney's fees and costs, without an order fixing the specific amount, is a non-final, non-appealable order, and an a…
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Join FLexlaw to unlock all legal intelligence“We review a trial court's modification of timesharing for an abuse of discretion, and we must affirm if the trial court's order is supported by competent substantial evidence.”
Standard of review for timesharing modifications
The mother appealed a September 2020 supplemental final judgment modifying parental responsibility, timesharing, and child support in favor of the fat…
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Opinion filed July 28, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1472 Lower Tribunal No. 16-3171 ________________
Adriana Monica Mendoza,
Appellant,
vs.
Tomas Curbelo,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marcia B. Caballero, Judge. Hasbun & Mendoza, PLLC and Maribel Mendoza, for appellant. Perez-Abreu & Martin-Lavielle, P.A., and Andy W. Acosta and Javier Perez-Abreu, for appellee. Before FERNANDEZ, C.J., and HENDON and GORDO, JJ. HENDON, J.
Adriana Monica Mendoza, the Mother, appeals from a September 2020 supplemental final judgment modifying parental responsibility, timesharing, and child support in favor of Tomas Curbelo, the Father. We dismiss that portion of the Mother’s appeal (paragraph w. of the order on appeal) without prejudice to the filing of an appeal following entry of an order fixing the amount of attorney’s fees and costs. Sejas v. Paredes, 315 So. 3d 128 (Fla. 3d DCA 2021) (holding a mere finding of entitlement to attorney’s fees and costs is a non-final, non-appealable order). We affirm the remainder of the order on appeal. Sordo v. Camblin, 130 So. 3d 743, 744 (Fla. 3d DCA 2014) (“We review a trial court's modification of timesharing for an abuse of discretion, and we must affirm if the trial court's order is supported by competent substantial evidence.”).
Affirmed in part, dismissed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sordo v. Camblin, 130 So. 3d 743 (Fla. 3d DCA 2014)
- Sejas v. Giovanna Paredes, 315 So. 3d 128 (Fla. 3d DCA 2021)