An appeal is a legal process in which a party to litigation requests that the district court of appeal reconsider all or part of an order rendered by a trial court. Appeals are governed by the Florida Rules of Appellate Procedure, which specify the circumstances and the procedure for which a decision of the trial court can be appealed and defended.
Once the trial court renders an order or final judgment in your family law case, you may have the right to appeal the trial court’s order should you believe your outcome was unfavorable. Alternatively, if the opposing party in your litigation appeals a decision by the trial court, you may have to defend your position. Final orders in a family law matter that may be appealed to the district court of appeals include time-sharing, parental responsibility, relocations, issuance or denial of civil domestic violence injunctions, child support, alimony, equitable distribution, validity of marital settlement agreements, validity of pre-nuptial agreements and post-nuptial agreements, attorneys’ fees, civil contempt, criminal contempt and other final orders. There are also certain circumstances under which a non-final order of the trial court can be appealed. Non-final orders are orders that relate to an intermediate matter in the case before the final order or final judgment is entered. Non-final orders that may be appealed in family law matters are specified in Rule 9.130 of the Florida Rules of Appellate Procedure and include orders regarding the right to immediate monetary relief, the rights or obligations of party regarding time-sharing or child custody under a parenting plan and the invalidity of a marital agreement.
The right to challenge an unfavorable decision of the trial court, whether it is a final or non-final order, has limits and deadlines that are set forth in the Rules. If you fail to comply with those deadlines, then you may lose the right to pursue an appeal. The family law and appellate attorneys at HERTZ • SAGER successfully pursue and defend appeals in family law matters.
The appellate attorneys at HERTZ • SAGER can offer you a variety of services in the appellate arena, from examining your trial court order to determine if you have a basis to appeal the order, to pursuing or defending an appeal on your behalf from the inception of the appellate process through the oral argument. If you need help with an appeal of a family law matter, contact the appellate attorneys at HERTZ • SAGER using our online form, or call us at 305.444.3323.