Oct 16, 2013 - year of high school at an out-of-state private school. We reject ... Broward County; Ronald Rothschild, J
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013
KEVIN P. BLAKELY, Appellant, v. CYNTHIA BLAKELY, Appellee. No. 4D12-3079 [October 16, 2013] PER CURIAM. This appeal is from an order entered prior to a final judgment of dissolution providing that the parties’ minor child would attend his first year of high school at an out-of-state private school. We reject Appellant’s assertion that the order is one for relocation under section 61.13001, Florida Statutes (2012), and hold that it is merely an order regarding an educational decision for the child. We find support in the trial court’s own statement that its ruling was limited to what school the child would attend for his freshman year of high school. See Young v. Hector, 833 So. 2d 793, 794 (Fla. 3d DCA 2002) (holding that a court’s decision to allow a child to attend an out-of-state boarding school was not a relocation, but an educational decision). Thus, the order is not one of the appealable non-final orders found in Florida Rule of Appellate Procedure 9.130(a)(3), and is not otherwise appealable. Nor do we find a writ of certiorari to be appropriate were we to treat this appeal as a petition for one. Therefore, we dismiss this appeal for lack of jurisdiction. Dismissed. DAMOORGIAN, C.J., MAY and FORST, JJ., concur. *
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald Rothschild, Judge; L.T. Case No. 10-156170 (42) (91).
Rocco G. Marucci of Rocco G. Marucci, P.A., Fort Lauderdale, for appellant. Bruce H. Little of Bruce H. Little, P.A., Fort Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing.
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