Appealing a Family Law Case in Florida

Appealing a Family Law Case in Florida www.beinerlaw.com 1

APPEALING A FAMILY LAW

CASE IN FLORIDA “If you recently received an unfavorable decision from a Family Court you may, under certain circumstances, be able to appeal the decision or ruling.”

http://www.beinerlaw.com/


Few areas of the law are as emotional and personal in nature as family law legal

matters. Whether you are fighting for custody of your child, defending the request

for an injunction, or litigating a divorce, the outcome may impact your life and that

of your family for many years. If you recently received an unfavorable decision from

a Family Court, you are undoubtedly concerned about long-term consequences of

the decision or ruling. Although you are required to abide by the court order, you

may be able to get that ruling reversed if the court committed an error during the

trial or hearing. Appealing a family law case in Florida requires a significant amount

of legal skill and knowledge. You should discuss the particular issues of your case


with an experienced Florida family law attorney immediately after an adverse ruling

is handed down by the trial court.

Deciding to Appeal – Things to Consider

Frequently, the litigants in a family law matter are navigating the legal for the first

time. As such, they often have misconceptions about what it means to appeal a

decision. Although you may have the right to appeal a decision made at the trial

court level, that appeal must be based on an allegation that an error was made by

the trial court when arriving at that decision. Simply being unhappy with the result

is not an adequate basis to appeal a decision made by the trial court.


Notice of Appeal

The first step in appealing a decision is to file a “Notice of Appeal” with the Clerk of

the lower court. It is crucial that the Notice of Appeal be timely filed. The Notice of

Appeal serves as notice to the lower court that you intend to pursue your right to

appeal and, therefore, the lower court needs to preserve the record.

You only have 30 days to file the Notice of Appeal. Failing to file within the 30 day

time-frame will effectively waive your appellate rights forever. When you file your

Notice you will have to pay $300 to the district court and an additional $100 to the

appeals clerk.


The Record

When you file your Notice of Appeal it triggers the lower court’s obligation to

prepare the record for appeal. This entails sending all exhibits and evidence

admitted at the trial to the appropriate Court of Appeal. Additionally, you must

provide to the appeals court a transcript of all the testimony at trial. In addition, a

brief must be prepared and filed with the Court of Appeals containing your

argument on which the appeal is based. An appellate brief must be a well-written

document that explains what errors the lower court made provides the precedent

that supports the Appellant’s argument. Most appeals are won or lost based on the

strength of the brief submitted to the appellate court.

The Appellate Court – Which Court Hears Your Appeal?

In the State of Florida, the court system consists of the following courts:

67 County Courts

20 Circuit Courts

Five District Courts of Appeal

Supreme Court

Each county in Florida has a county court, known as the “trial court”. If you wish to

appeal a trial court decision it will be heard by one of the five District Courts of

Appeal. Which court hears the case depends on which trial court made the initial

decision. For example, if your case was initially tried in Palm Beach, you will appeal

to the Fourth District Court of Appeal.


Briefs and Oral Argument

The litigants themselves do not directly participate in the appeals process. An

appeal is typically decided by a panel of three appellate judges who review the

briefs filed by both sides and may listen to oral argument. A party may request the

right to present an oral argument if the judges may the parties that oral argument is

necessary. At no time, however, do the litigants address the court or appear before

the court.

The Decision

There is no established time frame within

which the Court of Appeals must render a

decision. Typically, the panel will read the

briefs submitted in the case and then

decide if oral argument is necessary. If oral

argument is requested it may be several

months before argument takes place. It

may be several months after arguments

are heard before a decision is rendered.

It is important for the litigants to understand that while an appeal is pending, the

orders of the lower court stand, unless a stay has been granted. In a custody case, for

example, the custodial decision made by the trial court remains the order of the

court while the Court of Appeals is deciding the appeal.

Ultimately, the three judge panel will either affirm or reverse the trial court’s ruling

or decision. If the decision is affirmed, the Court of Appeals judges have found that

no harmful error exists and the lower court decision/order stands. If the decision is

reversed, the reasons for the reversal will be set forth in the Court of Appeals’ ruling.

Further instructions for the trial court will typically be included in the Court’s

ruling.


Because of the complex nature of the appeals process, and the importance of what is

at stake, when a family law issue is being appealed, you should consult with the

experienced Florida family law attorneys at Beiner, Inkeles& Horvitz immediately if

you believe an error was made by the trial court. You only have thirty (30) days to

file your appeal.

To learn more about appeals, visit our website at www.beinerlaw.com



About Beiner, Inkeles& Horvitz

Beiner, Inkeles& Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relativlely simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.

We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.

We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to resolve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.

And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.

Beiner, Inkeles& Horvitz, P.A. 2000 Glades Road, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]
