Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order versus a final order for purposes of appealing a Florida family law order? A non-final order is one that is usually entered that requires further judicial labor and/or is a temporary or interim order while a case is still pending. A final order is one which requires no further judicial labor and puts the issue in the order to rest. The distinction was an issue in the case Wages v. Baez, 3D25-1561 (Fla. 3d DCA November 12, 2025).
The mother in this case filed a petition for injunction against domestic violence on behalf of her child against another party. The petition was denied, and the mother appealed. The party against whom the petition was filed countered with a motion to dismiss the appeal and for sanctions, arguing the appeal should be dismissed because the order being appealed by the mother is a non-final order, and does not meet the exceptions stated in the Florida Rules of Appellate Procedure for appealing non-final orders.
The appellate court denied the motion for sanctions, holding “The trial court dismissed the petition ‘without prejudice.’ But the order reflects the ‘evidence is insufficient,’ and therefore there is ‘no just cause’ for entry of an injunction. Although the parties remain embroiled in other aspects of litigation, Florida Rule of Appellate Procedure 9.130(a)(3)(B) expressly authorizes review of nonfinal orders denying injunctive relief. Accordingly, we deny the motion to dismiss and for sanctions.”
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