Miami family law attorney blog
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Miami family law appeal
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Filing your petition for appeal in the correct court is one of the first steps to protecting your appellate rights. Since there are strict deadlines to follow in appellate matters, the failure to timely file in the correct court can be fatal to an appeal. This was an issue in the case McGann v. Walker, 1D2023-1294 (Fla. 1st DCA December 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Chapter 742 of the Florida Statutes governs paternity cases in Florida. Subsection 742.045 states “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.” Does this include fees when a paternity case is appealed? This was an issue in the case C.T. v. T.G., 6D2023-1771 (Fla. 6th DCA November 15, 2024).
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).
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).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Appealing your Florida family law case requires knowledge of procedural rules. The Florida Rules of Appellate Procedure are a starting point for understanding deadlines and requirements. The case Askar v. Abo, et. al, 6D23-1084 (Fla. 6th DCA May 31, 2024) provides guidance on when arguments must be raised.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is summary judgment in a Florida family law case? This is a judgment entered by the court when there is no issue of material fact. In other words, when the court finds that there is no genuine dispute regarding an issue in the case, the court will skip conducting a trial on the issue. The court will instead just enter a judgment on the issue. In a way, this is an expedited way of getting a final judgment. One example would be if the parties agree in a paternity case that the father is the biological and legal father of a child. Since the parties agree, there is no need to have a trial on this issue, so the court can enter summary judgment declaring the father to be the father. Can summary judgment be entered on appeal? This was an issue in the case Saenz v. Sanchez, 3D24-0862 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties usually have 30 days to file a notice of appealing a Florida family law judgment. If a Florida family law final judgment is entered, and then an amended final judgment is later entered, does the time run from the original judgment or the amended judgment? This was an issue in the case A.B. v. DCF, 3D23-1790 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when you appeal a Florida family law case that was resolved in your favor? This was an issue in the case Kilcrease v. Brown, 1D2022-3620 (Fla. 1st DCA March 6, 2024)
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to have a transcript of your Florida family law hearing? If you want to appeal the court’s decision, a transcript is usually required. Without it, the appellate court may decline to review the merits of your case. This was an issue in the case Scognamillo v. Scognamillo, 3D22-2054 (Fla. 3d DCA November 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is filed in a Florida family law case, the trial court may have limited jurisdiction to proceed with making further rulings in the case. How do we determine what matters the trial court can rule on while an appeal is pending? This was an issue in the case Saenz v. Sanchez, 3D23-1402 (Fla. 3d DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Deadlines for appealing your Florida family law case are generally strict and must be followed to avoid dismissal of your case. This was an issue in the case Vakulovska v. Vakulovskyi, 3D23-1354 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party appeals a Florida family law order, but the case is later resolved by agreement before the appellate court has ruled, the party has a duty to inform the appellate court. This is likely so that judicial labor is not wasted. This was an issue in the case Carter v. Meadows, 1D22-1952 (Fla. 1st DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order in a Florida family law case? According to Florida law, "The test for whether an order is final is whether further judicial labor is required or contemplated." Mallory v. Brinckerhoff, 312 So.3d 944 (Fla. 4th DCA 2021). So a non-final order is one which does not end all judicial labor, meaning there is more for the court to do in a case to resolve it. Examples of non-final orders are orders granting temporary alimony, temporary child support and a temporary parenting plan. The finality of an order is important in determining your right to appeal the order. This was an issue in the case Sanz v. Saenz, 3D23-549 (Fla. 3d DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an order of contempt be appealed in a Florida family law case? If the contempt order is entered pre-judgment, it is considered a non-final order which may only be appealed if it falls within the categories designated by the rules of appellate procedure as appealable non-final orders. The Fourth District Court of Appeal recently entered an opinion which recedes from prior case law on the issue of appealing non-final contempt orders. The opinion is Decius v. Decius, 4D22-3254 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees awarded pursuant to Florida Statute 57.105 in a family law case are usually awarded due to frivolous litigation. This means the court determined a party pursued litigation that he or she knew was baseless, false, and/or not supported by the law. If a 57.105 motion is granted against that party, he or she can be ordered to pay the other party’s attorney’s fees and costs for having to defend against the litigation.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you appeal any order entered in a Florida family law case? Not all orders are appealable at every stage of a case. Certain non-final orders cannot be appealed. This means orders that are entered before a final judgment is entered in a case, may not be appealable until the final judgment is entered. This was an issue in the case Shavers v. Shavers, 2D21-3190 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a petition for writ of certiorari in a Florida family law case? This is a pleading filed with a higher court, known as the appellate court, which reviews the trial court’s decisions. In order to obtain a writ of certiorari, the petitioner has to show (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law. This was at issue in the case Stivelman v. Stivelman, 3D20-136 (Fla. 3d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is important that a party file an appeal of a Florida family law order in a timely manner. This is because an appellate court loses jurisdiction to consider the appeal if the appeal is filed too late. In the case Sitaram v. Alley, 5D19-2536 (Fla. 5th DCA March 20, 2020), the former husband appealed an order that arose from his Florida divorce case, and the issue of the timeliness of his appeal was the focus.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When does a Florida family law case qualify for appeal? The answer partly depends on whether or not the order is final. A non-final order may not qualify for appeal if it does not meet certain requirements set out by the Florida Rules of Appellate Procedure. In the case Muszynski v. Muszynski, 5D18-2445 (Fla. 5th DCA February 14, 2020) the former husband appealed an order of contempt against him, and the appellate court focused on the content of the order in deciding the case.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is well-established that an appeal must be filed within 30 days of the date an order is entered, or the appellate court has no jurisdiction to consider an appeal. But does this mean the accompanying filing fee must also be paid before the clerk must accept the notice of appeal for filing? This issue arose in the case Burns v. Burns, 4D19-0124 (Fla. 4th DCA June 5, 2019) in which the former husband attempted to file his notice of appeal on the 30th day, but it was not docketed until the next day, calling into question the viability of his appeal.
