Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long do I have to appeal my Florida family law case? The answer depends on many factors, one being whether or not the order being appealed is final or non-final. In most cases, it is important to file a motion for rehearing, and this motion may or may not pause the deadline for appeal. This was an issue discussed in the case Danforth v. Danforth, 6D23-207 (Fla. 6th DCA February 24, 2023).
This appellate opinion does not recite background facts about the underlying case, but it holds the case is dismissed for lack of jurisdiction. The opinion cites the following in support of dismissal: “See Lanson v. Reid, 314 So. 3d 279, 280 (Fla. 3d DCA 2019) (‘A motion seeking to vacate a final judgment does not change the order’s finality.’); Talley v. Canal Indem. Co., 558 So. 2d 1088, 1090 (Fla. 4th DCA 1990) (Anstead, J., concurring specially) (‘Litigants should be on notice that they must appeal orders denying motions under rule 1.540 within 30 days or be barred from appellate review.’); New Day Miami, LLC v. Beach Devs., LLC, 225 So. 3d 372, 375 (Fla. 3d DCA 2017) (‘Rule 9.130(a)(5) expressly provides that rehearing motions directed towards orders on motions seeking relief from judgment do not toll rendition of such orders.’); Fla. R. App. P. 9.130(a)(4) (‘Orders disposing of motions for rehearing . . . are not reviewable separately from a review of the final order[.]’).”
Schedule your meeting with a Miami family law attorney to discuss how to proceed in your case.