Florida Family Law Appeal Guidelines

Florida family law appeals consist of specific guidelines.

There are five Florida District Courts of Appeal. These higher courts hear cases from all Florida Circuit Courts, including family law cases. An appeals attorney starts the appeal procedure by filing a notice of appeal with the trial court within the specified appellate deadline.

Appellate Brief

An appellate brief is prepared and filed by the appeals lawyer containing a statement of the case, the argument containing the judicial errors made by the trial court and a conclusion statement of the desired outcome for the case.

Court Procedure

A three-judge panel is engaged to determine the appeal. If the lawyer chooses to file a request for oral argument, each side will typically be allowed 20 minutes to address the court and respond to judicial questioning.

Court Decision

The District Court of Appeal produces its decision in writing in the form of a mandate. The court may or may not provide the legal reasoning which led to its decision, in the form of an appellate court opinion.

Length of Time

While no strict time deadlines for appeals rulings exist, a court may take a year or longer to render its final decision from the initial filing of a notice for appeal.

Earlier Judgments

While waiting for an appellate decision, parties must obey any earlier judgment, unless a stay is granted by the trial or appellate court. A stay entails a court order that serves to suspend a case or proceeding within a case. For example, under Florida statutes, money judgments are automatically stayed at the time during which a bond is posted. Other types of stays could be denied or granted based upon bonds or other stipulated conditions.

References

• Family Law Appeal FAQ
• Family Law Forms