UNDERSTANDING THE BASICS OF FAMILY LAW APPEALS IN THE STATE OF FLORIDA

The legal system in Florida is tiered into different levels encompassing, generally: trial courts, appellate courts, and the Supreme Court of Florida. One crucial component of the Florida legal system is the appeal process, which allows individuals to seek a review of a lower trial court’s decision. If you are not satisfied with a trial court’s ruling, you may have the option to take your case to an appellate court.

Not all trial court orders are proper for appeal, and specific deadlines (and procedures) must be met to seek an appeal. Therefore, it is crucial to consult with your attorney(or an appellate attorney) regarding the specific facts of your unique family law case court opinion to assess whether you have the option to appeal. Continue reading to learn more about appellate courts in the State of Florida and how the process works in Florida. Let’s break it down.

• ‍WHAT IS AN APPEAL?

At a basic level, an appeal is a formal pleading filed with an appellate court (a higher court) requesting that an appellate judge (or panel of judges) review a decision made by a lower trial court, typically because a party believes there was a legal error that affected some aspect of the case at the trial level.

• ‍CAN EVERY TRIAL COURT RULING BE APPEALED?

In Florida, not every court decision can be appealed. Therefore, it is critical that you consult with your attorney (and/or an appellate attorney) to understand whether the trial court order (or final judgment) issued in your case can be appealed and how long you have to decide whether you want to pursue an appeal. There are typically timelines and deadlines that affect the timeliness of an appeal. Some grounds for appeal include but are not limited to (i) an error in the application of the law or (ii) procedural mistakes.

• ‍ARE ORAL ARGUMENTS MANDATORY?

No, you are not guaranteed an oral argument before the appellate court. Typically, the appellate court will rule on the pleadings, including (but not limited to) the initial, response, and reply brief. Both parties submit written arguments called “briefs.” The petitioner’s initial brief outlines the reasons why the lower trial court’s decision should be reviewed and reversed, while the respondent’s brief (the party defending the decision) typically explains why the lower trial court’s order (or final judgment) should be upheld. The petitioner then typically (but not always) has the opportunity to file a reply to the respondent’s brief.

In some exceptional cases, the appellate court may request oral arguments (but this is rare), where the attorneys for both sides present their case in person before the Judges. However, not all appeals involve oral arguments.

After reviewing the briefs, the record, and any oral arguments (if conducted), the appellate court will issue a written opinion. This opinion can affirm the lower court’s decision, reverse it, or send the case back to the trial court for further proceedings (known as “remanding”). Sometimes, the appellate can simply decline to review a lower trial court’s order (or final judgment) if the matter does not qualify for appellate review.

• ‍WILL THERE BE A “TRIAL”?

No, there will not be a typical “trial” similar to the trial conducted at the lower court level. Appellate courts reviewing a lower court decision will typically render an opinion on the pleadings/briefs and record evidence adequately preserved for appellate purposes.

• ‍WILL YOUR DIVORCE CASE BEGIN “FROM SCRATCH”?

‍No, because an appeal is not a new trial. An appeal is a review of what already transpired in the lower trial court. If the appeal was filed after a trial was conducted, it’s important to note that appeals are based on the record of the original trial. New evidence is not typically introduced into the appellate courts. Instead, the focus is on whether the lower court made legal errors.

 
CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPH FIRM, P.A.

The appellate court in Florida plays an essential role in ensuring justice is served when errors occur in lower courts. While the process of appealing a case may seem daunting, it offers a vital path for those who believe errors have been made at the lower trial court level.

 If you’re considering an appeal in the State of Florida, you can contact The Joseph Firm, P.A. Attorney Marck K. Joseph, Esq., BCS is Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen (15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A., are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992 or contact us online.