W.W. v. Department of Children and Families, 159 So.3d 999 (Fla. 1st DCA 2015)

Father petitioned for writ of certiorari regarding an Order denying his motions to reinstate supervised visitation and to declare Florida Statute s 39.0139 unconstitutional. The First District Court of Appeal (First DCA) found review of such an order is properly addressed by appeal and treated the petition as an appeal pursuant to Florida Rule of Appellate Procedure s. 9.110(a)(1).

The First DCA referenced a recent amendment to Florida Rules of Appellate Procedure 9.130(a)(4), which eliminated the phrase “orders entered after final order on authorized motion.” The Committee Notes included with the amendment noted that the change “clarifies that non-final orders entered after a final order are no more or less reviewable than the same type of order would be if issued before a final order.”

The First DCA found that post-dependency orders on an authorized motion that fully resolves issues raised by the motion are final in nature and reviewable as a final order.

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