ADRIANA MONICA MENDOZA
v.
TOMAS CURBELO

Fla. 3d DCA | 2021-07-28
No. 20-1472
Ruwe
Florida District Court of Appeal, Third District (2021)

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Holding

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.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

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 of the Court

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.


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