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Can I appeal a Final Judgement of Dissolution of Marriage?

Jacksonville, FL |

I am in( or was apparantly) in a dissolution case. The clerk did not enter my answer and counter petition in on time and a default was entered. At the final hearing I showed up and told the judge I did answer and contested his petition regarding division of assets and liabiulities. I showed him copies of my counter petition. The judge expressed his unhappiness stating he thought this was finished & we were uncontested couple. So he said send him his copies and also file a motion to set aside default. I filed that & again gave the clerk the counter petition. then while waiting after serving another courtdate for final hearing was set( super fast mind you) for ten days later, not giving me enough time to find out about it , missing & order entered giving hime verything the way he asked for

Attorney Answers 3


You should file a Motion to Set Aside the Final Judgment. See Florida Rule of Civil Procedure 1.540 and Florida Family Law Rule of Procedure 12.540.

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You should definitely speak to a lawyer immediately. Let this be a lesson on the pitfalls for those without counsel. This is too broad and serious of an issue to rely on any advice you're given here. My number is 384-8200, and it wouldn't hurt to set up a free consultation to discuss your options.

The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.

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Retain a lawyer immediately to address this issue. Your time for filing the appeal may have already expired or may be about to expire.

This is the type of issue which of properly preserved for review by the appellate court will almost always result in a reversal of the trial judge.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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