Posted by Nydia Streets of Streets Law in Florida Paternity
How long does a party have to appeal a Florida family law order? Generally the rule is 30 days with some exceptions. Following the specific deadline for the type of order you are trying to appeal is important to ensure the appellate court has jurisdiction to consider your appeal. What if a party claims he or she never received a copy of the order he or she wanted to appeal, and therefore did not know the 30 days had passed? This was an issue in the case Diasolwa v. Burneikis, 3D21-0899 (Fla. 3d DCA November 30, 2022).
In this paternity case, a final judgment was entered which the father did not appeal. Over 30 days after the final judgment was entered, the mother requested correction of a typographical error in the judgment where the date was incorrect as to the year. The father’s counsel then emailed the court advising he never received a copy of the final judgment. Once the amended final judgment was entered revising the year the judgment was entered as requested by the mother, the father appealed this amended final judgment. The mother moved to dismiss on the grounds that the appeal was untimely.
The appellate court granted the mother’s motion to dismiss, holding “But because the Amended Final Judgment only fixes a typographical error, the operative judgment is still the October Final Judgment. Consequently, the Amended Judgment cannot be treated as a new final judgment for the purposes of appellate jurisdiction.” The court noted the father could still seek relief from judgment under Florida Family Law Rule of Procedure 12.540(b).
Schedule your meeting with a Miami paternity lawyer to understand how the law may apply to your case.