Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once a Florida family law case is appealed, the trial court may not be able to enter certain orders if they conflict with the jurisdiction of the appellate court. Nonetheless, each order being appealed must be properly brought before the appellate court by following the Florida Rules of Appellate Procedure. This was an issue in the case Dunaj v. Worley, 3D24-0438 (Fla. 3d DCA October 16, 2024).
The mother in this case appealed orders concerning child custody and support which were all upheld on appeal. While summarily affirming the trial court’s orders, the appellate court noted that the mother also sought review of an order entered by the trial court after she appealed the orders at issue. The appellate court dismissed that portion of the appeal citing the following: “‘[T]he court may review any ruling or matter occurring before filing of the notice.’); Santos v. HSBC Bank USA, Nat’l Ass’n as Tr. for Holders of the GSAA Home Equity Tr. 2005-07, 258 So. 3d 535, 537 (Fla. 3d DCA 2018) (‘Pursuant to this rule, Florida appellate courts deny review of judicial acts occurring after the filing of a notice of appeal.’); Velickovich v. Ricci, 391 So. 2d 258, 260 (Fla. 4th DCA 1980) (‘This court cannot review judicial acts of a trial court taking place after the filing of a notice of appeal unless those judicial acts are themselves made the subject of a new notice of appeal or other appropriate appellate proceedings.’).”
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