Fox v. Kahn

Full title: SYLVIA FOX, APPELLANT, v. OWEN E. KAHN, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 8, 1991

575 So. 2d 1349 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-204.

March 5, 1991. Rehearing Denied April 8, 1991.

An Appeal from the Circuit Court for Dade County; Murray Goldman, Judge.

Peter Raben, Coconut Grove, for appellant.

Mark A. Gatica, Miami, for appellee.

Before BARKDULL, JORGENSON and GERSTEN, JJ.

PER CURIAM.

Petitioner seeks certiorari review of an order compelling discovery from a nonparty witness in a post-dissolution of marriage proceeding. We treat the petition as an appeal from a non-final, post-judgment order, and reverse and remand, based on the authority of Fox v. Kelner, 574 So.2d 311 (Fla. 3d DCA 1991). Fla.R.App.P. 9.130(a)(4), 9.040(c).