Family Law Appeals

Broward, Palm Beach, Miami-Dade, Monroe and Martin County Family Law Appeals

Grounds for Filing Family Law Appeals

Depending on the issues involved, dissolution of marriage, paternity and other family court cases can be appealed to a higher court. It is important to recognize that an adverse ruling alone typically isn’t grounds for an appeal; there must be valid reasons for pursuing one.

Appeals of Final Judgments and Orders

An appeal is possible in cases involving division of assets, child custody, payment of alimony and child support, parental responsibility, timesharing, child custody, granting and denial of relocation of a parent, modification and enforcement of orders, and orders to pay or denying payment of attorney’s fees, While people rely on judges to follow the law and make fair decisions based on the facts, sometimes even good judges “get it wrong.” Provided that the errors made by the “trial” judge are properly preserved, it is possible for some errors to be corrected on appeal. If you believe that the judge who heard your case made material errors, you should talk to an attorney experienced in handling family law appeals regarding your rights. Susan Brown of the law firm of Susan R. Brown, PA, is a skilled Ft. Lauderdale family attorney with ample experience helping people fight to protect their rights via the appellate process, and if you engage her services, she will advise you of your options for seeking a just outcome.

Non-Final Family Court orders

While most appeals are filed after a trial or final hearing, some nonfinal and temporary orders in family law matters can be appealed even though the case is not over. Non final appeals can be filed in cases involving temporary child custody, temporary timesharing, temporary relocation, temporary alimony, temporary child support, temporary attorney’s fees and venue (which is the county where your case is proceeding). Even though orders vacating or denying motions to vacate agreements, orders and judgments sound like final orders, appeals in motions to vacate cases also fall under the rule for appeals of temporary orders.

Preparing for a possible appeal in advance:

There are certain steps that a party in family court case needs to take in advance to ensure that he or she can preserve errors made by the trial court for appeal. Unless your hearing is before a General Magistrate or Hearing Officer or it involves issuance or modification of a domestic violence injunction, the family court does not automatically provide a court reporter. Recording your own hearing is not allowed. Making sure that you have a court reporter present for any hearing that may result in an appealable issue is one of the important steps that you should take if you are concerned that the judge will not rule favorably. Conversely, if you are confident that you will prevail and believe that the other party may appeal, you may consider not ordering a court reporter because if the other party does not order one, generally speaking they cannot appeal. There is one exception to the court reporter requirement. That is error on the face of the judgment which can be appealed without a transcript of the hearing. Error on the face of a judgment can occur but successful appeals without a record of the testimony are the exception rather than the rule.

Basis for an appeal

The specific grounds for an appeal may vary depending on the case, but generally, appeals arise for one of three reasons. First, judges are obligated to follow the laws outlined in Florida statutes and prior court decisions. Failing to adhere to these laws (known as precedent) may warrant an appeal. Similarly, judges must consider the evidence presented by the parties and evaluate it in line with applicable law. Ignoring pertinent evidence could provide grounds for an appeal. Lastly, while judges have discretion in their rulings, they must exercise this discretion reasonably. Failing to do so, known as an abuse of discretion, may render their orders appealable. An example of such abuse could be awarding sole custody to one parent despite evidence suggesting it would be in the child’s best interest for both parents to retain parental rights.

The Family Law Appeals Process

The procedure and time constraints for appealing a family law decision vary depending on whether the appeal is of a temporary or final order and whether the court’s action gives rise to the ability to seek an extraordinary writ. The ability to appeal a temporary order depends on the type of order involved. The deadline for filing a notice of appeal for both final and nonfinal orders is 30 days from the issuance date of the order or denial of a timely and authorized motion for rehearing. Missing this important deadline, precludes the filing of a family law appeal.

Some family law issues, require the judge to make mandatory findings. Areas of family law that require mandatory findings include but are not limited to equitable distribution of assets and liabilities, alimony, attorney’s fees and child support. One of the first steps to take in ensuring that the issues that you want to raise are preserved for appeal is determining whether or not you are required to file a motion for rehearing. If a motion for rehearing is required to be filed, it must be filed within 15 days of the entry of the judgment that you want to appeal. A motion for rehearing is not required to be filed to challenge determinations by the court that were not supported by competent substantial evidence. Because of the time sensitive nature of appeals, it is important to consult an appellate lawyer immediately.

A motion for rehearing is not applicable in appeals of temporary orders. An unauthorized rehearing does not extend the time to file an appeal of a non-final order.

It is important to recognize that the appealing party cannot introduce new evidence for the first time on appeal. Generally speaking, errors not pointed out to the trial court cannot be raised for the first time on appeal.

Following the filing of an appeal, the attorney representing the appealing party must submit an initial brief outlining the legal grounds for seeking the reversal of the original order. In cases of nonfinal orders, the appealing party is required to file a brief within 15 days, while for appeals of final orders, the Brief is required to be filed within 70 days. Appeals are sometimes a slow process, and extensions to file Briefs are commonplace. Appeals regarding child custody and relocation can sometimes be expedited.

While much of Florida family law is addressed in the Florida statutes, the case law decided by appellate courts helps shape the law. Many current statutes codify prior case law. One of the reasons that I handle appeals is because I enjoy the challenge of “making law.”

Talk to a Capable Fort Lauderdale Family Law Attorney

While Florida family law judges typically deliver reasoned and just decisions, they are not immune from making mistakes, and in some instances, it becomes necessary to file an appeal to rectify a wrong. Unfortunately, not all judges know every aspect of the law. Sometimes judges fail to understand the evidence and the controlling law. Sometimes judges bring their own biases to their consideration of cases before them. The ability to appeal sometimes allows litigants to have a second chance if the judge who heard their case makes a significant error.

If you have questions about family law appeals, it is in your best interest to talk to an attorney. Susan Brown of the law firm of Susan R. Brown, PA, is a capable Ft. Lauderdale divorce attorney who can advise you of your options and aid you in pursuing a favorable result. Ms. Brown’s office is located in Plantation, and she often assists people in family law appeals in cities throughout Broward County, including Fort Lauderdale, Plantation, Coral Springs, Parkland, Deerfield Beach, Weston, Cooper City, Pembroke Pines, Davie, and Southwest Ranches. You can contact Ms. Brown to set up a confidential conference by using the online form or calling 954-474-9500.