While it is common to hear the words “I will take this all the way to the Supreme Court,” appeals in Family Law are, in fact, relatively uncommon. The reason is not because cases could not benefit from review, but because appellate work is specialized and can get expensive – which is often not an easy cost benefit analysis when one is coming out of a contentious divorce or paternity case.
In addition, the success of an appeal depends upon factors such as the quality of your trial counsel and the sufficiency of the record they were able to preserve when presenting your case to the trial court (which means if you did not have a court reporter or admit evidence in your favor then you are already greatly disadvantaged in seeking appellate review).
An appeal is not a “second chance” at a trial; rather, it is a structured opportunity to seek review by the District Court of Appeal of what already happened at the Circuit Court. You will not be allowed to present “new information,” nor do you even appear in court. Instead, an appellate brief is submitted in writing, outlining for the appellate court what you think went wrong in your case and why.
A three judge panel will review the brief (and any responses thereto) to determine if your judge made an error of law, came to some conclusion based upon insufficient facts in evidence, or otherwise abused discretion. The District Court of Appeal might (or might not) consider referring the matter to mediation, setting it for oral argument (which is about addressing questions and answers from the panel, not presenting evidence), or otherwise request supplemental information.
Once an appeal is finalized, one of two things will happen: either the matter will be considered “affirmed” (meaning no error has been found), or the matter will be sent back to the trial court (“remanded”) for additional proceedings. The District Court will generally issue what is called an “opinion” as to why they have made their decision, unless they have done what is call “per curiam affirm” the decision below (in which case they have opted not to comment).
Filing a Notice of an Appeal is not a trick to avoid the obligations of an Order or Final Judgment. It will NOT automatically stay the case that you are seeking to review, and unless the court tells you otherwise you will remain obligated to do whatever those orders say.
Moreover, once you file that notice, the clock is ticking, and if you do not present your brief or record on time and in format with procedural rules, you run the risk your case is unceremoniously dismissed by the District Court of Appeal.
It is important to know that you should seek rehearing from the trial court before moving on to an appeal; in fact, if you skip this step you might find your appeal dismissed before it even begins.
Appellate practice is highly specialized, and it is not a continuation of your case; rather, it is its own separate undertaking and requires its own retainer of services, depending upon the complexity of the matter at issue.
With 30 years of experience, Heskin Martinez Law Group is in position to consider Family Law Appeals in the State of Florida on a case by case basis.
Questions about Family Law Appeals? Call us at 407-403-5990 or contact us (below) to schedule your appointment with Lisa Smith Bedwell, Esq.
