Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to serve other parties in your Florida family law case? Service of documents is an essential part of a case because it puts parties on notice of what they can expect. This avoids “ambush” litigation in which parties are caught off guard by allegations raised in court. The importance of proper service was illustrated in the case Chamblee v. Figueroa, 4D20-83 (Fla. 4th DCA October 6, 2021).
A final order of injunction against stalking was entered against the accused. The accused then filed a motion for rehearing on the 15th day after the final judgment was entered. He did not have a lawyer. In the motion, he only indicated that he hand delivered it to the clerk of the court, but did not indicate anywhere in the motion that he served it on the opposing party or on his lawyer. The motion was denied, and more than 30 days after the final judgment was entered, the accused filed his notice of appeal, challenging the final judgment.
The appellate court ultimately deemed the appeal untimely. the court reasoned: “Only a timely filed motion for rehearing in this case would have tolled or suspended rendition of the final judgment against stalking violence, for purposes of the thirty-day time limit for initiating appellate review from the judgment, until a signed, written order on the motion was filed with the trial court clerk. Fla. R. App. P. 9.020(h)(1)(B), (2)(A). However, in a family law proceeding such as this one, ‘[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.’ Fla. Fam. L. R. P. 12.530(b) (emphasis added) [. . .]. Appellant’s pro se motion for rehearing was never served, much less timely served, on appellee or appellee’s counsel in accordance with any of the methods set forth in Fla. R. Jud. Admin. 2.516(b)(2), such that the motion tolled or suspended rendition of the judgment for purposes of the time for invoking this court’s jurisdiction to review the judgment. As a result, dismissal of this appeal on the court’s own motion is appropriate.”
Appeals must be carefully pursued in order to preserve your rights. Schedule a consultation with a Miami family law attorney to understand how the law may apply to your case.