Florida Family Law Appeals Process
Let Us Help You Through What Can Be a Challenging Process
The family law appeal process in Florida can vary widely in duration, with the average length of time from fruition to conclusion being up to a year and a half or longer. In the following video, Florida Appeals attorney Shannon McLin discusses the appeal process for family court cases in Florida including expectations, duration, and relationships between trial and appellate attorneys.
“If you have issues that are dealing with children, then that appeal will generally be resolved quicker than if it’s a regular final appeal, from say a final judgment of dissolution of marriage.”
Procedures in the Appeal Process
While incidences such as requests for extensions of time, expedited children’s issues, and financial marital stressors affect the Florida family law appeals timeline, major milestones in the process include: – Notice of Appeal – Initial Brief – Answer Brief – Reply Brief – Oral Argument From here, the timeline will continue to fluctuate depending on whether the appeal is final or non-final, extensions of time are granted, or a Per Curiam Affirmed (PCA) or written opinion is issued. Appellate attorney relationships with family lawyers will also vary on a case-by-case basis. The attorneys at Florida Appeals can work directly with clients or act as co-council with trial attorneys. In either case, the top appellate lawyers at Florida Appeals have the experience needed to persuasively argue before the three-judge appellate panel.
EXAMPLE FAMILY LAW APPEAL TIMELINE
- A final judgment is entered by the courts.
- A Notice of Appeal must be filed within 30 days of rendition of the final judgment.
- Once Appeal is filed there are 70 days before an initial brief is filed.
- Extensions of time are possible during this time.
- Approximately 30 days later an Answer Brief is filed.
- Approximately 30 days after this a Reply Brief is filed.
- If there is an oral argument, this will occur approximately 3-4 months after the Reply Brief is filed.
- At this time, the case is under consideration with the panel of appellate judges.
- From here timelines vary depending on courses of action. Examples include:
- Non-Final vs Final Appeals
- Per Curiam Affirmed (PCA)
- Written Opinion Issued
Florida Appeals Is On Your Trial Team
The team at Florida Appeals provides appellate and litigation support to trial lawyers and their clients. Trial and appellate proceedings differ tremendously, requiring substantially different skill sets from trial and appeal lawyers. Florida Appeals supports trial lawyers by adding appellate experience to the legal team and doubling the legal power available to the client and the case. While the trial lawyer focuses on representing your best interests during the initial legal proceedings, the team at Florida Appeals documents, researches, and composes notable errors during the pretrial, trial, and post-trial procedures that could be used to benefit an appeal.
Benefits of Appellate Attorneys in Family Law
Consider the devastating realization that your client will not see their children as often as planned due to a judge’s ruling. An appellate attorney can argue in favor of having the original time-sharing agreement revised to more evenly share time between parents. Alternatively, consider the weight of a multi-million dollar equitable distribution case. Naturally, no one wants to lose this case. Supplementing the trial with an appellate team provides precise documentation of the entire trial, highlighting or correcting mistakes along the way with real-time research strategy.
When working with Florida Appeals you will not only have the benefit of an appellate attorney’s presence in the courtroom supporting the trial lawyer, but you also have access to the entire Florida Appeals team via virtual services (including on nights and weekends). Florida Appeals consists of appellate attorneys, former Florida District Court of Appeal judges, and former trial and appellate law clerks from throughout the state, offering a unique combination of experience to support the pretrial, trial, and appeal processes. Understandably, all parties would like the court proceedings to conclude as quickly and inexpensively as possible but it is important to consider the trial as only one part of the court process. When facing a family law court case, it is critical to stay focused on the big picture to ensure that you win the war, not the battle.
Contact Florida Appeals to schedule a consultation for information on Florida Family law, dissolution of marriage, equitable distribution, Florida divorce appeals, or any other Florida appellate matter.