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

When considering appealing a Florida family law order, knowing the deadlines for appeal and filing of various motions is important. Failure to follow these strict deadlines may result in the dismissal of an appeal, even one that may have merit. This was an issue in the case Jamison v. Knox, 5D2024-0934 (Fla. 5th DCA August 9, 2024).

The appellant in this case filed a motion to vacate a domestic violence injunction. This motion was denied without a hearing, and the appellant filed a motion for rehearing which was denied. He then appealed the denial of his motion to vacate.

The appellant court dismissed the appeal, holding “The trial court’s order denying Jamison’s motion to vacate the final judgment of injunction was rendered on February 23, 2024. Jamison then filed a motion for rehearing/reconsideration of this order. However, under rule 9.130(a)(5), this motion for rehearing was unauthorized; and, secondly, its filing did not toll the time for Jamison to file his notice of appeal. After the lower court denied his motion for rehearing, Jamison filed his notice of appeal on March 27, 2024, which was more than thirty days after the February 23, 2024 denial order was rendered. Resultingly, his notice of appeal was untimely; and, accordingly, we lack jurisdiction to consider this appeal.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.