Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When does a Florida family law case qualify for appeal? The answer partly depends on whether or not the order is final. A non-final order may not qualify for appeal if it does not meet certain requirements set out by the Florida Rules of Appellate Procedure. In the case Muszynski v. Muszynski, 5D18-2445 (Fla. 5th DCA February 14, 2020) the former husband appealed an order of contempt against him, and the appellate court focused on the content of the order in deciding the case.
The parties were previously divorced by final judgment. The former husband allegedly failed to abide by terms in the final judgment which resulted in the court entering an order of contempt against him and threatening sanctions (including incarceration) if he did not comply with the order within thirty days. The former husband appealed this order.
The appellate court found there was competent, substantial evidence to support the trial court’s finding of contempt. Additionally, it found that because the order did not actually impose sanctions and only threatened future sanctions if the former husband did not comply, the appeal was dismissed as a non-final order.
Appealing a Florida family law case requires attention to very specific deadlines and procedures. Even before your appeal is filed, laying the groundwork for a successful appeal starts with preserving your rights and arguments. The best way to do this may be to schedule a consultation with a Florida family law attorney.