Florida Family Law Appeals: You Have 30 Days to File a Notice of Appeal
Family law cases are complicated and sensitive. Going through a dispute is stressful, and receiving an unfavorable decision from the court is downright frustrating. It is important to understand that you are not necessarily out of options if your case did not go your way.
Parties have the right to appeal an adverse family law verdict. That being said, there are strict deadlines: You only have 30 days to take action. In this article, our Tampa family lawyers highlight the key things that family court litigants need to know about filing an appeal in Florida.
Take Immediate Action to Preserve Your Rights: You Must File a Notice of Appeal
Under Florida’s rules of civil procedure, any party to a legal case has 30 days to file an official ‘Notice of Appeal’ with the appropriate court. The Notice of Appeal must also be served on the other party to the case.
This is a strict legal deadline. If you fail to submit a Notice of Appeal before time expires, you will lose your opportunity to move forward. A Florida court can and will dismiss a case if a Notice of Appeal is late.
Are you considering filing an appeal in a family law case? Call a Tampa family appeals lawyer as soon as possible after receiving an unfavorable decision.
Next Step: You Need an Official Transcript
Beyond filing a timely Notice of Appeal, you should also obtain a transcript. As the party bringing the appeal, it is your duty to establish the record. Failure to get copies of all relevant documents related to the original court case could undermine your ability to bring a successful appeal. Make sure you get a copy of the official record of the initial proceedings. The more information you have, the better position you will be in.
A Family Law Appeal is Not a Re-Hearing: Know Your Grounds for Appeal
As far as crafting the appeal itself, it is imperative that you understand the legal standard that a Florida appeals court will use in reviewing your case. Your appeal is not merely a second chance to have the dispute reviewed. To bring a winning family law appeal in Florida, you must prove that the lower court made an error in rendering its verdict. Some notable grounds for appeal include:
- The exclusion of material evidence;
- Ineffective assistance of legal counsel;
- Procedural violations; and
- Judicial error in applying the law.
To be clear, you are not required to pick a single ground for appeal. In some cases, you may have multiple grounds to appeal an unfavorable family law decision. Your attorney can help you raise all of those issues in your brief.
Call Our Tampa, FL Family Appeal Lawyer for Guidance and Support
At Bubley & Bubley, P.A., our Tampa family attorneys have the knowledge, training, and professional experience to handle the complete range of appeals. If you are considering filing an appeal, it is imperative that you take immediate action. Contact us now for a completely private case evaluation. We handle family court appeals throughout Hillsborough County, including in Tampa, Riverview, Brandon, Plant City, and Thonotosassa.