Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Appealing a Florida family law judgment requires more than just disliking the trial court’s decision - there has to be a legal basis for the appeal, such as the trial court failing to follow the law. As discussed in Zayon v. Valme, 3D23-1559 (Fla. 3d DCA September 18, 2024), an appellate court is reluctant to disturb a trial court’s ruling.
This appellate opinion does not give any background information, but it appears the entry of a stalking injunction was appealed. The appellate court affirmed, holding:
Appellant seeks reversal of the trial court’s final judgment for protection against stalking violence entered pursuant to section 784.0485, Florida Statutes. “Trial courts have broad discretion in granting stalking injunctions, and we review an order imposing a permanent stalking injunction for an abuse of that discretion.” Klein v. Manville, 363 So. 3d 1163, 1167 (Fla. 6th DCA 2023) (citing Pickett v. Copeland, 236 So. 3d 1142, 1143–44 (Fla. 1st DCA 2018)). “In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). On the record before us we find no abuse of discretion and affirm.
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