Background
Joshua David Nicholas sought review of a nonfinal order entered by the Circuit Court for the Nineteenth Judicial Circuit in Martin County. His petition challenged two aspects of the order: a psychological evaluation and supervised visitation.
Nicholas proceeded without counsel, and the appellee made no appearance. Although Nicholas presented both issues through a petition for writ of certiorari, the Fourth District determined that his supervised-visitation challenge was reviewable as a nonfinal appeal.
The Court’s Holding
The Fourth District denied certiorari relief concerning the psychological evaluation. The court held that Nicholas had waived the issue through acquiescence and failure to object timely.
The court treated the supervised-visitation portion of the petition as a nonfinal appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii), relying on Rule 9.040(c), which requires a court to treat a proceeding as though the proper remedy had been sought. It then affirmed the supervised-visitation ruling without further discussion.
Key Takeaways
- Acquiescence and failure to make a timely objection can waive a challenge to a court-ordered psychological evaluation.
- A supervised-visitation order may be reviewed through a nonfinal appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii).
- When a party seeks the wrong form of appellate relief, Rule 9.040(c) permits the court to treat the matter as if the proper remedy had been requested.
Why It Matters
The decision underscores the need to preserve objections promptly in family-law proceedings. A party who acquiesces in an evaluation or fails to object timely may lose the ability to challenge it through certiorari.
It also illustrates Florida appellate courts’ authority to correct the procedural vehicle used for review. That flexibility allowed the court to reach the supervised-visitation issue as a nonfinal appeal, though the underlying order was affirmed.