Jessica P. Wages, etc. v. James Adam Baez

2025-1561Fladistctapp3

Testo completo

Third District Court of Appeal
State of Florida
Opinion filed November 12, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1561
Lower Tribunal No. 25-12659-FC-04
________________
Jessica P. Wages , etc.,
Appellant,
vs.
James Adam Baez ,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Samantha Ruiz Cohen, Judge.
Jessica P. Wages, in proper person.
Kenneth M. Kaplan, for appellee.
Before LOGUE, LINDSEY, and MILLER, JJ.
MILLER, J.
2
Appellant, Jessica P. Wages, appeals from an order dismissing the
petition for an injunction against domestic violence she filed on behalf of her
minor child, J.B. 	Appellee, James Adam Baez, has moved to dismiss and
for sanctions, contending that the order is nonfinal and nonappealable and
therefore this court lacks jurisdiction over the appeal. 	The trial court
dismissed 	the 	petition 	“without 	prejudice.” 	But 	the 	order 	reflects 	the
“evidence is insufficient,” and therefore there is “no just cause” for entry of
an injunction. 	Although the parties remain embroiled in other aspects of
litigation, 	Florida Rule 	of 	Appellate Procedure 	9.130(a)(3)(B) 	expressly
authorizes review of nonfinal orders denying injunctive relief. 	Accordingly,
we deny the motion to dismiss and for sanctions. Id. (“Appeals to the district
courts of appeal of nonfinal orders are limited to those that: . . . grant,
continue, modify, deny, or dissolve injunctions, or refuse to modify or
dissolve injunctions.”).
Motion denied.

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