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Hofschneider v. Hofschneider

District Court of Appeal of Florida, Second District.
Oct 14, 2015
177 So. 3d 87 (Fla. Dist. Ct. App. 2015)

Opinion

No. 2D15–270.

10-14-2015

Gregory HOFSCHNEIDER, Appellant, v. Lauri S. HOFSCHNEIDER, Appellee.

Gregory Hofschneider, pro se. Jeremy T. Simons of Simons & Catey, P.A., New Port Richey, for Appellee.


Gregory Hofschneider, pro se.

Jeremy T. Simons of Simons & Catey, P.A., New Port Richey, for Appellee.

Opinion

KHOUZAM, Judge.

Gregory Hofschneider, the Former Husband, appeals an order holding him in 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) (“[P]rejudgment civil contempt orders are more properly reviewed by certiorari.”). 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.


Summaries of

Hofschneider v. Hofschneider

District Court of Appeal of Florida, Second District.
Oct 14, 2015
177 So. 3d 87 (Fla. Dist. Ct. App. 2015)
Case details for

Hofschneider v. Hofschneider

Case Details

Full title:Gregory HOFSCHNEIDER, Appellant, v. Lauri S. HOFSCHNEIDER, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Oct 14, 2015

Citations

177 So. 3d 87 (Fla. Dist. Ct. App. 2015)