Florida District Courts of Appeal, 1983

Owen v. Owen

Florida District Courts of Appeal · Decided February 16, 1983 · No. 82-1582 · Cobb, Cowart, Sharp

427 So. 2d 264; 1983 Fla. App. LEXIS 20810 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Couture Farms v. Triton International Inc. (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ON MOTION TO DISMISS APPEAL

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.

*265The 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.

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