If the judge in your dissolution of marriage trial has issued a final judgment and if you feel the judge’s decision was incorrect or are dissatisfied with the results, you may be able to appeal that decision provided that certain procedural steps are followed.
In the state of Florida, a judge has broad discretion in dissolution of marriage cases. An appellate court does not often reverse a trial judge’s decision. In some cases, however, if the trial judge makes an error of law or there is an abuse of discretion, the appellate court may reverse the decision. The success of your appeal will be limited if your only reason for appeal is displeasure with the judge’s decision.
Florida law permits either party to ask for a new hearing if new evidence can be provided that would have made a difference in the outcome regardless if there was an honest mistake or one party engaged in deceit or fraud. If a final judgment in the dissolution of your marriage has been issued and you would like to request a new hearing, you must decide quickly. An appeal must be filed within 30 days from the date that the order you are appealing is filed in the lower court, or 30 days from the date that an order on a motion tolling the time to appeal is filed.
Every case is different and dissolution of marriage cases can be particularly complicated. That’s why, it is in your best interest to seek the advice and counsel of an experienced lawyer with knowledge as to your rights, your children’s rights, your property rights, and your responsibilities resulting from the marriage.
D’Lugo and DeFlora, P.A. can analyze your unique situation and help you make decisions in your best interest and that of your family. If you find yourself needing support, legal information or help, call D’Lugo and DeFlora for a consultation at 407.870.5551 or online at www.kissimmeefamilylaw.com.