Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to appeal a Florida family law ruling? Generally, a party has 30 days from the date an order is entered to file a Notice of Appeal. This deadline is strict, and an appellate court has no jurisdiction over a matter after this date. This was an issue in the case Baroff v. Baroff, 4D22-772 (Fla. 4th DCA November 2, 2022).
In this post-divorce case, the former husband filed a motion to vacate orders entered by the trial court. The former husband’s motion was denied and he filed an appeal. The appellate court dismissed the appeal for lack of jurisdiction because the former husband did not timely file the appeal. The court cited “‘[W]e lack appellate jurisdiction to review the [circuit court’s] order[] denying the appellants’ first rule 1.540 motion because the notice of appeal was not filed within thirty days of the orders’ rendition. See Fla. R. App. P. 9.130(a)(5) (‘Orders entered on an authorized and timely motion for relief from judgment are reviewable by the method prescribed by this rule.’); Fla. R. App. P. 9.130(b) (‘Jurisdiction of the court under subdivisions (a)(3)-(a)(5) of this rule shall be invoked by filing a notice ... with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.’); Albano v. Albano, 579 So. 2d 757, 758 (Fla. 5th DCA 1991).”
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