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McGrath v. Puckett

District Court of Appeal of Florida, First District
Nov 22, 2011
75 So. 3d 366 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11–5143.

2011-11-22

Donna M. McGRATH (Puckett), Appellant, v. Daniel J. PUCKETT, Appellee.

An appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge.Donna M. McGrath, pro se, Appellant. No appearance for Appellee.


An appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge.Donna M. McGrath, pro se, Appellant. No appearance for Appellee.

PER CURIAM.

The appellant seeks review of the denial of her petition for relocation that was decided in a nonfinal order of dissolution of marriage. The order denied the petition upon determining the best interest of the minor child pursuant to an analysis of the factors set forth in section 61.13001, Florida Statutes. However, because the order does not dispose of a claim that is separate and distinct from the dissolution action, the order is not appealable as a partial final judgment pursuant to Florida Rule of Appellate Procedure 9.110(k). Jensen v. Whetstine, 985 So.2d 1218, 1220 (Fla. 1st DCA 2008); Irvine v. T. Southwood 1295, Inc., 948 So.2d 981 (Fla. 1st DCA 2007). Accordingly, the appeal is DISMISSED. Fla. R.App. P. 9.110( l ). This dismissal is without prejudice to the appellant's right to file a timely appeal when a final order has been rendered.

DAVIS, VAN NORTWICK, and THOMAS, JJ., concur.


Summaries of

McGrath v. Puckett

District Court of Appeal of Florida, First District
Nov 22, 2011
75 So. 3d 366 (Fla. Dist. Ct. App. 2011)
Case details for

McGrath v. Puckett

Case Details

Full title:DONNA M. MCGRATH (PUCKETT), Appellant v. DANIEL J. PUCKETT, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 22, 2011

Citations

75 So. 3d 366 (Fla. Dist. Ct. App. 2011)