Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Appealing a Florida family law case may not be as simple as many think. There are certain steps that have to be followed procedurally before a party can appeal, and it is usually not enough that a party does not agree with a court’s decision to appeal - there has to be a legal basis for appeal. The procedure for appeal was an issue in the case Doukas v. Doukas, 1D21-3002 (Fla. 1st DCA March 16, 2022).

A party generally has 30 days to appeal an order entered in a Florida family law case. Since the timing of this 30-day period is very fact-specific, it is important to consult an attorney right away after the order is entered for specific advice about the applicable deadlines in your case. In the Doukas case, the mother in a child custody case filed a petition to modify child support which was denied. Her motion for rehearing on this denial was also denied. The mother waited for a decision on the motion for rehearing before appealing the denial of the petition to modify child support, which meant her appeal was filed more than 30 days after the order was entered.

The appellate court held that the denial of the child support petition was “an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii).” However, the court found the mother’s appeal was untimely because “rather than filing a timely interlocutory appeal within 30 days after rendition of this order as required by Florida Rule of Appellate Procedure 9.130(b), the mother moved for rehearing. A motion for rehearing is not authorized as to a non-final order, so it does not toll the time for appeal. [. . .] The trial court denied rehearing, and the mother appealed within 30 days after denial of rehearing, but by then—without tolling—far more than 30 days had passed after rendition of the original appealable non-final order. We therefore lack jurisdiction over the untimely portion of the mother’s appeal, and must dismiss it.”

Schedule an appointment with a Miami family law attorney to understand what deadlines and rules apply to your case.