Florida Law Appeals Lawyer
If your divorce is not resolved through mediation or settlement negotiations, it will eventually result in a trial. At trial, and throughout the litigation, the Court will make a number of decisions that affect your rights. You or your ex might not be satisfied with the Court’s resolution of one or more issues, at which point one or both parties could pursue an appeal.
If you are dealing with an appeal, you need a steady and experienced legal hand in your corner. There are limited grounds on which to pursue an appeal of a family Court ruling, and there are special rules and procedures that apply. It is important to have a knowledgeable and effective legal advocate by your side who understands the rules, the procedures, the law, and the types of arguments that work on appeal. Ronald Bornstein at the Law Office of Scott Glassman, P.A. has decades of experience handling family law appeals.
How Do Divorce Appeals Work?
When the Court issues a final ruling on a particular matter, one or both parties have the option to file an appeal. Some appeals can be taken immediately, putting a halt to the case while that particular issue is resolved. Most issues are appealable later, when the case has concluded. Parties must file appropriate objections throughout the case in order to preserve their right to appeal various issues. Appeals can only be made on specific grounds; it is not sufficient to just state that you are dissatisfied with the Court’s decision.
When you file an appeal, you are asking a higher Court to take a look at the ruling and decide if the family Court made some sort of vital error. Each party can appeal on different grounds and relating to different issues; they can even cross-appeal regarding the same issue if they both feel the judge was wrong in a way that favored the other party. Florida law sets strict requirements for filing an appeal, including short time limits. You only have 30 days from the date the trial Court renders its final order to file a notice of appeal, so it is important to act fast. Prior to filing an appeal, you should timely file a Motion for Rehearing or Reconsideration.
Parties to a family law matter can appeal rulings pertaining to a variety of matters, whether or not those matters were part of a divorce proceeding. You may have grounds to appeal rulings about, for example:
- Distribution of property in a divorce
- Spousal support/maintenance/alimony
- Child support
- Juvenile dependency and termination of parental rights
- Parenting plans
- Post-judgment modifications
Grounds for an Appeal
At the Law Office of Scott Glassman, P.A., we will help you understand your rights when it comes to appealing a family Court order. There are specific grounds upon which an appeal can be taken. In a Florida divorce or other family law proceeding, the primary grounds for an appeal are the following:
- The Court ignored important evidence. If you submitted evidence to the Court on a matter and the Court disregarded that evidence, such as evidence that your spouse had a history of abuse, then you might have grounds for an appeal.
- The Court ignored or misapplied relevant law. Trial Courts are required to properly apply relevant law to the facts. If the Court ignored controlling legal cases or misread a statute in making its ruling, you might be able to convince the appeals Court to overturn the trial Court’s decision.
- The judge abused their discretion. Judges have discretion in making certain decisions, such as in how to apply the “best interests of the child” factors. If the Court issued a decision that severely misunderstands your child’s needs, departs wildly from the support guidelines, or otherwise appears to be an abuse of discretion, you may have grounds for an appeal.
Get Help Appealing Your Family Law Matter from a Seasoned Florida Family Law Appeals Lawyer
The team at the Law Office of Scott Glassman, P.A. has more than 60 years of combined experience helping Florida family law clients get the results they deserve. Ron Bornstein has significant appeals experience. For help fighting for your rights and your family in Martin, Palm Beach, Broward, or statewide, call the Law Office of Scott Glassman, P.A. at 561-688-5006 today!