Family Law Appeals

Family Law Appeals A Family Law Judge will make rulings on all issues in your case that will have a substantial impact on you and your family well into the future, from ruling on the valuation of complex marital assets to deciding on a parent time-sharing schedule for your children. Upon conclusion of a trial, the Court will issue a Final Judgment of Dissolution of Marriage in your case. Family Law Judges are bound by statutory and case law to apply the law correctly and they must also have evidence to support his/her ruling. Unfortunately, the decisions of the trial court are not always correct and an appeal of the trial court’s ruling must be taken. Family Law Appeals Naples, Florida A Final Judgment may be challenged under several avenues: (1) the trial judge made a mistake and/or misapplied the law; (2) there are insufficient findings to support the conclusion of the trial judge; or (3) based on the evidence and testimony presented, the trial judge erred in its ruling because the evidence and testimony presented at trial did not support his/her ruling. In order to challenge a Final Judgment, a Notice of Appeal must be filed within 30 days of issuance of the Final Judgment. If the Notice of Appeal is not filed within 30 days of the issuance of the last order, your right to appeal a Final Judgment is lost. In addition to the Notice of Appeal 30-day time limit, the five District Courts within Florida have differing views whether it is necessary to file a Motion for Rehearing prior to filing a Notice of Appeal. A Motion for Rehearing must be filed within 15 days of issuance of the trial court’s Final Judgment. A Motion for Rehearing allows the trial court to review its decision and correct any errors before the appellate process begins.