Family Law Appeals
You went to trial and are not satisfied with the results. You believe that the Court has made an error that was fatal to your case. Where do you go from here? Family law appeals usually begin with these types of questions, especially in cases involving timesharing or parental responsibility. But only in certain circumstances will the court of appeal overturn a trial court order.
Record on Appeal
For the Appeals court to effectively review any case, it needs to have a record. The record is usually created by hiring a court reporter to transcribe the proceedings that occur at the trial court level. The Court of appeals can then review the transcript in addition to the written orders to determine whether the appeal is warranted. Without the record on appeal, family law appeals tend to be more difficult because the appeals court does not have a complete picture of what transpired. This does not mean that family law appeals are impossible without a transcribed record, but they can be more difficult.
Proven Appellate Results
Using the trial court record, Martin Family Law can evaluate your family law appeal. We will carefully consider the facts and the law to determine the chances of succeeding. Our firm has enjoyed success both at the negotiation table and inside the court room. If justice requires an appeal, our dedicated attorney is available to personally handle the analysis and drafting of an appellate brief.
Our track record in family law appeals include the following opinions. Click on the links to read the decisions written by the Court:
- Cammarata v. Cammarata, 257 So.3d 1093 (Fla. 4th DCA 2018)
- Gonzales v. Ruelas, 319 So.3d 29 (Fla. 4th DCA 2021)
Carefully Crafted Briefs
Many Florida Family Law Appeals are decided without a hearing or oral argument. The Court focuses on the written appellate briefs instead. This requires that the briefs be clear with the litigant’s arguments at the forefront. The Court of appeals also requires that the appellate briefs be within very certain rules. Some of the rules vary from court to court, however many are prescribed in the Florida Rules of Appellate Procedure.
When Should I Appeal
Preserving the right to appeal is important. Certain orders are appealable while others are not. If there is any question about whether to appeal, consulting with an experienced family law appeals attorney is prudent, especially when deciding if your Divorce Decree should be appealed. Inexperienced litigants need to be careful about the potential pitfalls from handling family law appeals. If certain deadlines are not met, then the Court might not have jurisdiction to hear the case, even if it has merit. Meeting all deadlines in an appeal is imperative. So is knowing what orders to appeal and when is paramount.