Posted by Nydia Streets of Streets Law in Florida Divorce
If you believe there is an error in your Florida final judgment of divorce, what can be done? The answer depends on the specific facts of your case. One recent appellate case deals with this issue: Eaton v. Eaton, 1D19-0192 (Fla. 1st DCA March 23, 2020).
Once a final judgment is entered in your Florida divorce case, there are important deadlines to follow if you want to challenge the judgment. In this case, the former wife appealed her final judgment because she alleged the judge’s oral pronouncement of the ruling at the hearing did not match what was actually stated in the final judgment.
According to Florida Rule of Family Law Procedure 12.530, “A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.” The appellate court reasoned that because the former wife did not file a motion for rehearing, she did not preserve her complaint for appellate review.
The court specifically held, “The purpose of the preservation requirement is to ensure that the trial court has an opportunity to correct an error at the earliest opportunity, when the court is still in a position to recall the basis of its ruling [. . .] We are also not aware of any authority that allows us to exempt a certain class of cases from the preservation requirement based upon a determination of the relative importance of the subject matter. Absent fundamental error, issues must be preserved for appeal. No argument regarding fundamental error has been made.”
If you are wondering whether your Florida family law final judgment or order can be challenged, you should schedule a consultation with a Miami family law attorney immediately after your order or final judgment is entered. Preserving your appellate rights by following mandatory deadlines may be one necessary step on your road to possibly overturning the ruling.