Tampa Divorce Appeals Attorney
Our divorce and family law appeal lawyers in Tampa can help you in your appeal of either a temporary, non-final or interlocutory order, or a final order in your case. An appeal in either case must be filed within 30 days of the date the order is signed and the appeal is made to a district court of appeal. As Tampa is in the 13th Judicial Circuit, all appeals will go to the 2nd District Court of Appeal. All aspects of an order may be appealed. There are differences between appealing temporary and final orders. Contact our Tampa divorce appellate attorneys for more information.
Temporary, Non-Final or Interlocutory Orders
The right to appeal these orders is limited to the orders designated in Florida Rule of Appellate Procedure 9.130, such as the following which are common reasons of appeal for a divorce or a family law case prior to the entry of a final judgment:
- An injunction has been entered in the case against one of the parties. That party may appeal it and request that it be denied and dissolved or modified. Or the party who motioned for the injunction may want to overturn the lower court’s decision to deny the injunction.
- A party may appeal that the case was filed in the wrong venue, which means that it was filed in the wrong county in Florida.
- Whether there is personal jurisdiction to file a case against the respondent. In other words, filing a case in a Florida court may not allow the petitioner to bring an action against the respondent as he or she has not lived in Florida and has no connection with Florida.
- The right to immediate monetary relief such as child support, alimony or attorney fees. The order must take effect immediately to disburse these funds.
- The right to immediate custody of the child(ren).
- The right to immediate distribution of property to the opposing party.
All appeals for a temporary order are based on the immediate action that is precipitated by the order. If it’s not an immediate action, then there would not be a reason to appeal it unless it becomes final.
If you would like more information on either non-final or final order appeals, contact the Tampa divorce appeals attorneys at All Family Law Group either by calling 813-672-1900 or contact us by email. We offer a free consultation to meet with an experienced and compassionate Tampa Bay attorney to discuss the options available to you.
At the conclusion of a divorce, family law case, the parties will either agree and execute a marital settlement agreement, or the parties will have a hearing before the court and the judge will decide their fate. If either party does not agree with a decision or decisions that the judge has made, than that party may appeal it to the district court. At the final hearing a court reporter must be present to record the testimony as it will be necessary to have it transcribed if the orderis appealed. Appeals may concern any of the following:
- Child support either current or retroactive
- Child custody or as it is called now timesharing
- Attorney fees
- Division of Assets & Debt
The procedures for both interlocutory, temporary orders and final orders that must be followed are contained in Rule 9.130. In general, the first step i s to file per the Rule a Notice and pay a filing fee within 30 days of the date the order to be reviewed is signed. In an appeal of a non-final order, the case will continue during the pendency of the review, unless a stay is obtained. Initial appellant briefs ( Rule 9.210 ) and appendix ( Rule 9.220) must be served within 15 days of the date the Notice is filed. If there are any additional briefs, they must be served according to Rule 9.210. Contact our Tampa divorce appeals attorneys for more information.
Contact our Tampa Divorce Appeal Law Firm
If you have questions regarding the divorce appeal process, contact the law firm of All Family Law Group, P.A. We provide a free initial consultation, accept MasterCard, Visa, Discover and American Express, and charge reasonable and competitive rates. Furthermore, to assist you we have a team of attorneys and legal staff committed to providing to you the best representation possible. Contact our firm by e-mail or call 813-672-1900. We will respond at our earliest opportunity!