Florida District Courts of Appeal, 2015

Hofschneider v. Hofschneider

Hofschneider v. Hofschneider
Florida District Courts of Appeal · Decided October 14, 2015 · Khouzam, Wallace, Salario
177 So. 3d 87; 2015 Fla. App. LEXIS 15179; 2015 WL 5966167 (Southern Reporter, Third Series)

Hofschneider v. Hofschneider

Opinion

KHOUZAM, Judge.

Gregory Hofschneider, the Former Husband, appeals an order holding him in *88 indirect civil contempt entered during the pendency of Lauri S. Hofschneider’s petition to modify the final judgment of dissolution. The contempt order required the Former Husband to pay $100 for each day he failed to comply with a prior order of the court. Such an order is nonfinal and not appealable but is reviewable via certiorari. See Jackson v. Jackson, 98 So.3d 112, 113-14 (Fla. 2d DCA 2012); Knorr v. Knorr, 751 So.2d 64, 65 (Fla. 2d DCA 1999) (“[Pjrejudgment civil contempt orders are more properly reviewed by certio-rari.”). Accordingly, we convert this appeal to a petition for writ of certiorari. However, because Mr. Hofschneider has failed to establish that he has suffered a material injury that cannot be corrected on postjudgment appeal, we dismiss the petition. See Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 648-49 (Fla. 2d DCA 1995).

Petition dismissed.

WALLACE and SALARIO, JJ., Concur.

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