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KINCADE v. SANDERS

No. 5D04-2187.

909 So.2d 413 (2005)

Bobby KINCADE, Appellant, v. Diann SANDERS, Appellee.

District Court of Appeal of Florida, Fifth District.

August 19, 2005.

Attorney(s) appearing for the Case

K. Dean Kantaras, Clearwater, for Appellant.

Charles J. Crist, Jr., Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellee.

ORFINGER, J.

Bobby Kincade appeals the trial court's order denying his motion to dismiss Diann Sanders's Petition for Modification of an earlier child support order. We dismiss for lack of jurisdiction. Only those non-final orders set forth in Florida Rule of Appellate Procedure 9.130(a)(3) are appealable. The proper method to seek review of the subject order is by a petition for writ of prohibition. Prohibition can be used to restrain the improper exercise of jurisdiction...

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