Gainesville Divorce Appeals & Trial Lawyers
The Eighth Judicial Circuit has exceptional family law judges. However, the justice system is imperfect. There may be times when a court order is issued that is in contradiction to Florida law. The reasons that a court order may be issued in contradiction of the law are varied. However, there is a remedy. Florida law provides the process for an appeal when a court order is issued that is “wrong” under Florida law. There is a time period for appealing a Court’s decision so you should immediately contact an experienced family law attorney at the Law Office of Silverman, Mack & Associates to determine your legal rights.
There are some court orders that are immediately appealable and some orders that are not appealable until the end of the case. However, a delay in filing the appeal could result in the inability to receive relief even if you are entitled to relief under Florida law.
Divorce Appeals Process
When a case initially proceeds through the court system, the case goes before the trial court for resolution. The trial court (judge) will issue a ruling on the issues as they are presented. After the order is rendered, a party has a specific time period to appeal (usually 30 days). This appeal goes to the appellate court and is considered by a different judge(s) than the initial trial judge who heard the case.
For purposes of a divorce appeal, there are different legal standards for review by the appellate court. This means that there are some issues that give the trial judge broad discretion in deciding. If the trial judge has broad discretion to decide, it is more difficult to get that decision overturned on appeal. If the trial judge has less discretion, it may be easier to get the decision overturned on appeal.
A Divorce Lawyer Can Help
In considering an appeal, it is important to have a record for review. In other words, it is better for your appellate case if there was a court reporter present for purposes of showing the appellate court exactly what happened during the trial court proceedings. If you have an issue that you may like to appeal if the Court rules against you, it is important that you have a court reporter present at the hearing or trial.
If you have a court order that you would like to appeal, do not delay in contacting the divorce attorneys at the Law Office of Silverman, Mack & Associates to discuss your legal rights.