Posted by Nydia Streets of Streets Law in Florida Child Support
If a final judgment in a Florida family law case reserves ruling on a matter such as child support arrears, is that judgment really final for purposes of determining if the appellate court has jurisdiction to review the judgment? This was an issue in the case Lysich v. Canelo, 3D25-1823 (Fla. 3d DCA November 12, 2025).
The trial court entered an Order Correcting Final Order on Child Support which the father in this case appealed. This order reserved jurisdiction to enter an order on child support arrears. The appellate court issued an order to show cause why the appeal should not be dismissed as an improper appeal of a nonfinal order.
After considering the father’s response to the order to show cause, the appellate court dismissed his appeal, holding “[W]e dismiss this case without prejudice to either party’s right to file a timely notice of appeal once the trial court renders a final order addressing the arrearages. See Pool v. Bunger, 43 So. 3d 837, 838 (Fla. 1st DCA 2010) (‘Having considered Appellant’s response to the order to show cause and Appellee’s reply, we conclude that the order on appeal is neither a final order nor an appealable nonfinal order. The order is not a final order because the trial court’s judicial labor is not complete, as reflected by the express reservation of jurisdiction to determine the amount of Appellant’s child support arrearages. The order is not an appealable nonfinal order under [Florida Rule of Appellate Procedure] 9.130(a)(3)(C)(iii) because, although it addresses matters concerning visitation, the order does not terminate Appellant’s visitation rights or otherwise determine ‘the right to immediate . . . child custody.’ . . . Because the order on appeal is not a final order or an appealable nonfinal order, this appeal is dismissed without prejudice to either party’s right to file a timely notice of appeal after a final order has been rendered by the trial court.’ (citations omitted)).”
Nothing in this article can be taken as legal advice since application of Florida family law depends on the unique factors of each case. Schedule your consultation with a Miami family law attorney to specific advice.