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Matthew Aaron Burch v. Michelle Nicole Burch, 18-2783 (2019)

Court: District Court of Appeal of Florida Number: 18-2783 Visitors: 6
Filed: Aug. 21, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-2783 _ MATTHEW AARON BURCH, Appellant, v. MICHELLE NICOLE BURCH, Appellee. _ On appeal from the Circuit Court for Okaloosa County. Michael A. Flowers, Judge. August 21, 2019 PER CURIAM. Matthew Aaron Burch, the former husband, appeals from a supplemental order in this post-dissolution of marriage case. We affirm without discussion the portion of the order awarding proceeds from the sale of the former marital home to Michelle Nicole Burch
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-2783
                 _____________________________

MATTHEW AARON BURCH,

    Appellant,

    v.

MICHELLE NICOLE BURCH,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Okaloosa County.
Michael A. Flowers, Judge.

                         August 21, 2019


PER CURIAM.

     Matthew Aaron Burch, the former husband, appeals from a
supplemental order in this post-dissolution of marriage case. We
affirm without discussion the portion of the order awarding
proceeds from the sale of the former marital home to Michelle
Nicole Burch, the former wife, and finding the former husband in
contempt for failing to pay child day care expenses. We dismiss as
premature that portion of his appeal challenging the former wife’s
entitlement to attorney’s fees. Because the court’s ruling reserved
jurisdiction to determine the amount of fees, the judgment on this
issue is nonfinal. * See McGee v. McGee, 
264 So. 3d 1087
, 1089 (Fla.
1st DCA 2019). As to the issues relating to a prior supplemental
child support order entered on December 5, 2017, we dismiss for
lack of jurisdiction because the former husband failed to timely
appeal that order.

    AFFIRMED in part and DISMISSED in part.

RAY, C.J., and ROBERTS and JAY, JJ., concur.

                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Clark H. Henderson of Oberliesen & Henderson, Shalimar, for
Appellant.

Michael T. Webster of Michael T. Webster, P.A., Shalimar, for
Appellee.




    *   Review of this order is proceeding under case number 1D18-
4489.

                                 2

Source:  CourtListener

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