Appellate Attorney for Family Law Appeals serving Tampa, Florida
There may come a time when it is appropriate to file a Family Law Appeal and apply to a higher court for a reversal of an erroneous decision of a lower court. Tampa Appellate Attorney Lasley can assist you in determining if a Family Law Appeal may be appropriate, and proceed with the Family Law Appeal.
Appellate proceedings are complex and consist of strict deadlines and procedures. It is imperative to consult and retain an experienced and knowledgeable family law advocate. Contact Tampa Appellate Attorney Lasley for a consultation today.
Family Law Appeals of Final Orders:
Most appellate deadlines run from the “rendition” of an order from the lower court. A final order is rendered when a signed, written order is filed with the clerk of the lower court. A Notice of Appeal must be filed within thirty (30) days from the date of rendition of the order.
However, rendition is tolled by the filing of an authorized and timely motion, in which case rendition occurs upon the disposition of the motion. It is important to note that an authorized motion delays rendition of an order, but only if the motion is timely. Florida Rules of Civil Procedure require that authorized motions for new trial or for rehearing shall be served not later than 10 days after the date of filing of the order.
Family Law Appeals of Non-Final (Temporary) Orders:
The Florida Rules of Civil Procedure do not authorize motions for rehearing of non-final (temporary) orders. Because of this, such a motion does not toll rendition of a non-final order for purposes of the 30-day appeal period. To proceed with an Appeal of a Non-Final Order, the Notice of Appeal must be filed within the thirty (30) days from the date of rendition of the order.
The Importance of Court Reporters:
Without a court reporter at a hearing or trial, the appellate court will not know what occurred at the event. This poses an insurmountable and many times fatal obstacle in the event of an appeal. The Appellant (party filing the appeal) has the burden of providing the appellate court with an adequate record to demonstrate error by the lower court.