Schutz & White Case Brief: Goslin v. Preisser
Goslin v. Priesser (First District Court of Appeal- October 29, 2014)
Level of Interest: 
Issue:
Does the appellate court have jurisdiction to review a non-final order involving a motion to compel an independent psychosexual evaluation as part of a dispute over timesharing?
Rule:
The appellate court does not have jurisdiction to review an order denying a motion to compel an evaluation by appeal if the order does not determine the parties’ timesharing rights, nor does the appellate court have jurisdiction to review the order by certiorari.
Analysis:
The appellate court does not have jurisdiction over this matter because the lower court’s order did not determine the parties’ timesharing rights under Fla. R. App. P. 9.130(a)(3)(C)(iii). Additionally, because the order denies a discovery request, the appellate court does not have jurisdiction to review the order by certiorari; any resulting harm due to the denial of a discovery request may be remedied on appeal.
Conclusion:
The appellate court dismissed the appeal for lack of jurisdiction.
- Author
- Recent Posts
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.
1
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.