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Bodkin v. Sweeney

District Court of Appeal of Florida, Second District
Aug 10, 2001
805 So. 2d 847 (Fla. Dist. Ct. App. 2001)

Opinion

Nos. 2D00-2443, 2D00-2754

Opinion filed August 10, 2001.

Appeal from nonfinal orders of the Circuit Court for Polk County; Roger Allan Alcott, Judge.

Denley Ann Bodkin, pro se.

Gregory M. Ruster of Law Offices of Gregory M. Ruster, Lakeland, for Appellee.


Denley Bodkin disputes the circuit court's nonfinal orders awarding the former husband temporary custody of the parties' children (case no. 2D00-2443) and granting his motion to establish child support (case no. 2D00-2754).

We lack jurisdiction to review the nonfinal order regarding temporary custody because the appeal was untimely. Ms. Bodkin filed her appeal more than thirty days after the nonfinal order was rendered. A motion for rehearing of a nonfinal order does not suspend the date of rendition of such an order. Dep't of Highway Safety and Motor Vehicles v. Bond, 696 So.2d 949 (Fla. 5th DCA 1997). Accordingly, we dismiss the appeal in case number 2D00-2443.

Ms. Bodkin has not provided a record to support her argument that the circuit court erred in its award of child support in case number 2D00-2754. Without an adequate record of the proceedings below, she cannot demonstrate reversible error. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979). In this circumstance, the appellate court is compelled to affirm.

GREEN, J., and CAMPBELL, MONTEREY (SENIOR) JUDGE, Concur.


Summaries of

Bodkin v. Sweeney

District Court of Appeal of Florida, Second District
Aug 10, 2001
805 So. 2d 847 (Fla. Dist. Ct. App. 2001)
Case details for

Bodkin v. Sweeney

Case Details

Full title:DENLEY ANN BODKIN, a/k/a DENLEY ANN SWEENEY, Appellant, v. RICHARD LEE…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 10, 2001

Citations

805 So. 2d 847 (Fla. Dist. Ct. App. 2001)

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