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
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).
