FELIX J. MELENDEZ vs CAROLINE MELENDEZ

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
FELIX J. MELENDEZ,
Appellant,
Case No. 5D22-2796
v. LT Case No. 2019-DR-013840
CAROLINE MELENDEZ,
Appellee.
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Opinion filed May 16, 2023
Nonfinal Appeal from the Circuit Court
for Brevard County,
Jigisa Patel-Dookhoo, Judge.
Keith McCarter, of McCarter Law
Offices, P.A., Tampa, for Appellant.
David Diaz, of Diaz Family Law
Firm, P.A., Mount Dora, for
Appellee.
PER CURIAM.
Appellant, Felix J. Melendez, appeals numerous orders entered by the
trial court subsequently to the final judgment dissolving the marriage of the
parties.
We affirm the order denying Appellant’s motion for contempt and the
separate order temporarily suspending Appellant’s time-sharing with the
parties’ three minor children on the authority of Applegate v. Barnett Bank of
Tallahassee, 377 So. 2d 1150 (Fla. 1979). As to the remaining orders, we
dismiss for lack of jurisdiction. The orders were either (1) rendered more
than thirty days before the notice of appeal was filed or (2) not appealable
under Florida Rule of Appellate Procedure 9.130. Lastly, even if we treat the
appeal of these remaining orders as a petition seeking certiorari relief, 1 no
irreparable harm has been shown.
AFFIRMED, in part; DISMISSED, in part.
LAMBERT, C.J., EDWARDS and SOUD, JJ., concur.
1
See Fla. R. App. P. 9.040(c).
2