treating a post-judgment order in a child dependency matter as non-final
How later courts described this case
- treating a post-judgment order in a child dependency matter as non-final
- “Notably, rule 9.130(a)(3) does not list post-dependency orders as non-final orders reviewable by interlocutory appeal.”
- observing that "[a]n appeal from a final order is appropriate when judicial labor has ended"
- post-dependency judgment orders subject to future modification for child welfare and parenting time-sharing are not final orders and are thus reviewable by certiorari, not as final appealable orders
Written by the judges who cited it.
The opinion
CANADY, J.,
dissenting.
Because the parties are seeking a purely advisory opinion — an opinion that has no bearing on the disposition of this case — I would dismiss this proceeding. “It is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into, effect, and not ... to declare principles or rules of law which cannot affect the matter in issue.” Montgomery v. Dep’t of Health & Rehab. Servs., 468 So.2d 1014, 1016-17 (Fla. 1st DCA 1985).