Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is important that a party file an appeal of a Florida family law order in a timely manner. This is because an appellate court loses jurisdiction to consider the appeal if the appeal is filed too late. In the case Sitaram v. Alley, 5D19-2536 (Fla. 5th DCA March 20, 2020), the former husband appealed an order that arose from his Florida divorce case, and the issue of the timeliness of his appeal was the focus.
On May 30, 2019, the court entered an order mandating that the parties sell the marital home. Approximately two months later, the former wife filed a motion to enforce that order. The court entered an order in July 2019 again mandating that the former husband cooperate with the May 30th order, and awarding the former wife attorneys’ fees and costs. In August 2019, the former husband appealed the July 2019 order. The former wife argued that the former husband was attempting to appeal the May 30th order via the July 2019 order, and that doing so was improper.
The appellate court agreed with the former wife, holding “We reject Former Husband's argument that the July 26 order ‘revived’ the portion of the May 30 order that he challenges. [. . .] Pursuant to Florida Rule of Appellate Procedure 9.110(b), Former Husband was required to appeal the trial court's May 30 order within 30 days. Instead, Former Husband waited until August 26 to challenge those rulings. Consequently, Former Husband's first issue was untimely appealed.” The appellate court further held the former husband’s appeal of the attorneys’ fee issue was premature where the order was non-final since no amount had yet been set by the court.
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