What is the process for making an appeal in the state of Florida for a divorce judgement?

Asked almost 2 years ago - Sarasota, FL

A judgment was placed where there were errors made by the judge in division and valuation of assets. A motion was placed before the judge for consideration and rehearing but it was denied. Is there a way to appeal and delay making payment until the end of the appeal? Where I find somebody with a vast amount of experience and a winning record to assist me with this?

Attorney answers (3)

  1. Erskine Clark Rogers III

    Contributor Level 13

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    Answered . You will have to seek a stay of enforcement in the lower court. Normally, but not always, you have to post a bond to stay enforcement during appeal. It depends on what you are hoping to delay payment on. If it is a money judgment, the amount of the bond is automatic. If it is support, you probably will not be able to delay. For other items, such as transfer of properties, there is a lot of discretion to the trial court. If trial counsel is not experienced, perhaps your appellate lawyer can refer you to an attorney who can help you.

    The above is for informational and educational purposes only, does not establish an attorney client relationship,... more
  2. Clifford M. Miller

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    Answered . File a timely notice of appeal. That will be thirty days from the date motion for rehearing was denied if the motion for rehearing was timely. It will be thirty days from the date of the final judgment if the motion for rehearing was untimely. The dates are counted from the date the clerk of the court records the judgment.

    For stay pending appeal, file a motion before the trial court for stay pending appeal. Set the motion for hearing. The trial judge has discretion. If you do not like the trial judge's decision that decision is subject to being reviewed by the appellate court.

    You will find a link to the District Courts of Appeal below. All of the appellate opinions are on these websites. Start reading the appellate opinions and when you find a lawyer who you think has the experience that you want contact that lawyer. You could also get a personal referral from another lawyer, which is what I would do. You should be able to negotiate a flat fee for the appeal.

    Before you take an appeal you may want to obtain the opinion of an appellate lawyer asked whether your appeal can actually be won. Appeals from divorce judgments are notoriously difficult to win.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  3. Jonathan Robert Simon

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    Answered . I would definitely have a few consultations with some appellate lawyers to see what your chances are on appeal. A stay of a money judgment will require a bond and the trial court will usually not stay or abate support payments.

    As discussed above, the trial Court has a vast amount of discretion in family law cases and appeals are extremely difficult and costly. Paying for a transcript of your trial may set you back more money than you expect.

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