Delray Beach Appeals Lawyer

An appeal is an application to a higher court for the decision of a lower court to be evaluated for error. The appellant is the party taking the appeal and seeking reversal of the decision claimed to be erroneous, and the appellee is the party responding to the claims and, typically, seeking affirmance of the decision.

Most often, an appeal is taken following the entry of a Final Judgment after a final trial, but it can also be taken during the pendency of a case, before the entry of Final Judgment, as to certain limited issues, such as a determination of the proper venue of a case, personal jurisdiction, the right to immediate monetary relief (such as a request for temporary alimony or temporary attorney’s fees), and orders related to injunctions.

Facing a family law appeal? Our experienced Delray Beach appeals lawyer can guide you through every step. Schedule your free consultation by calling our office at (561) 600-5711 or contacting us online today.

Grounds for Appealing a Divorce Court Order

Appealing a court decision is not a simple process, and it is not as straightforward as simply disagreeing with the judgment. The appeals court will not reconsider the facts of the case but will focus on whether any legal errors were made during the trial.

A Delray Beach appeals lawyer can help you determine if there are grounds for an appeal, such as:

• Errors in Legal Procedure: If there were errors in how the trial was conducted, such as improper jury instructions or incorrect rulings on evidence, this may provide grounds for an appeal.
• Misapplication of the Law: If the judge misinterpreted or misapplied the law in making their decision, this may be a valid reason for an appeal.
• Inadequate Representation: If your defense attorney or other legal counsel provided ineffective assistance that impacted the outcome of the case, this could be grounds for an appeal.
• New Evidence: While new evidence is generally not allowed in an appeal, if the evidence was not available at the time of the original trial and would have impacted the outcome, it may be considered.
• Abuse of Discretion: If the judge made a decision that was unreasonable or unjust given the facts and law, this may be grounds for appeal.

Types of Cases That Can Be Appealed in Florida

In family law, there are several decisions and aspects of a case that can be appealed. However, it’s important to note that not all decisions are automatically eligible for appeal. Generally, an appeal in family law focuses on errors in the application of law or procedural issues, rather than dissatisfaction with the outcome itself. 

Here are some common family law issues that can be appealed:

• Divorce Decrees
• Child Custody and Parenting Time
• Child Support
• Alimony (Spousal Support)
• Property Division
• Modification of Family Law Orders
• Domestic Violence Orders (Restraining Orders)
• Contempt of Court Orders
• Enforcement of Family Law Orders
• Paternity Rulings

The Appeals Process in Florida

The appeals process in Florida follows a structured procedure, and it is important to understand the steps involved. Each case is unique, and the process may vary depending on the type of case.

Below is an overview of the typical appeals process:

• Notice of Appeal: The first step in the appeal process is filing a Notice of Appeal with the appropriate appellate court. This must be done within a specific time frame, usually 30 days from the date of the final judgment or order. Filing this notice informs the court and the opposing party that you intend to challenge the decision.
• Preparation of the Record on Appeal: Once the Notice of Appeal is filed, the record from the lower court trial will be compiled. This record includes transcripts of court proceedings, evidence presented, and any relevant filings. Your Delray Beach appeals lawyer will work to ensure the complete and accurate record is prepared for review by the appellate court.
• Briefing: The next step in the appeals process is the filing of briefs. The appellant (the party filing the appeal) submits a written brief outlining the legal errors made during the trial and why the judgment should be reversed. The opposing party, known as the appellee, also files a brief responding to the appellant’s arguments.
• Oral Arguments: In some cases, the appellate court may schedule oral arguments. During oral arguments, the attorneys for both sides present their case before a panel of judges. This is an opportunity for the judges to ask questions and clarify any issues. Although oral arguments are not always scheduled, having an experienced Delray Beach appeals lawyer present can make a significant difference in the outcome of your appeal.
• Decision: After reviewing the briefs and hearing oral arguments (if applicable), the appellate court will issue its decision. The court can affirm the lower court’s decision, reverse the decision, or send the case back to the lower court for further proceedings. If the appellate court finds that the lower court made an error, it may order a new trial or a different judgment.
• Further Appeal: If the appellate court issues an unfavorable decision, there may be options for further appeal to a higher court, such as the Florida Supreme Court or the United States Supreme Court, depending on the nature of the case.

Contact Our Appeals Attorney Today

It is important to act quickly if you receive an order from the Court that you believe to be erroneous under the law or based on the facts, as there are strict deadlines for when a party must file a notice of intent to take an appeal. Most instances require such a notice to be filed within 30 days of entry of the Court’s order to be challenged by the appeal, but other timeframes may apply depending on the type of appeal and the filings in your case.

As attorneys practicing exclusively in marital and family law, we understand the emotional turmoil involved in going through the Court process for deeply personal issues related to your family. The idea of taking an appeal after vigorously litigating your case can seem overwhelming and not worth the additional time, effort, and expense, but you should not let these feelings prevent you from acting in a timely manner to protect your rights. The experienced attorneys in our Appellate Division can walk you through the appellate process and will meticulously review your case to determine the viability of an appeal. We handle family law appeals statewide on behalf of our clients and clients of countless family law attorneys across the state.

Are you looking to appeal a court order? Our Delray Beach appeals attorney has the legal experience you need on your side. Call Beaulieu-Fawcett | Newell Law Group, P.A. today at (561) 600-5711 or contact us online to get started!