Katherine Hiett Viker vs Arthur Collin Cherry

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KATHERINE HIETT VIKER, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D17-2865 ARTHUR COLLIN CHERRY, Appellee. _______________________________/ Opinion filed September 27, 2017. An appeal from the Circuit Court for Leon County. Stewart E. Parsons, Judge. Emilian "Ian" Bucataru, Tallahassee, for Appellant. No appearance for Appellee. PER CURIAM. The Court has determined that the May 5, 2017, order partially ruling on a petition to modify parenting schedule and child support is not a final order. See Hoffman v. O'Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002). Furthermore, although the order was subject to immediate appellate review pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)b., appellant failed to invoke the Court’s jurisdiction to review the order in a timely manner. Ward v. Bragg, 957 So. 2d 670 (Fla. 1st DCA 2007) (holding that rehearing of a non-final order is not authorized and does not delay rendition). Accordingly, the appeal is dismissed for lack of jurisdiction. BILBREY, WINSOR, and M.K. THOMAS, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.