Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Deadlines for appealing your Florida family law case are generally strict and must be followed to avoid dismissal of your case. This was an issue in the case Vakulovska v. Vakulovskyi, 3D23-1354 (Fla. 3d DCA August 23, 2023).
An appeal is initiated usually by filing a Notice of Appeal with the trial court. In most cases, this is required to be filed within 30 days of the date the order being appealed is rendered. In this case, the final judgment of dissolution of marriage was entered in March 2023. The former wife filed her notice of appeal until July 2023. She argued her appeal should not be dismissed because her subsequently filed motion to amend the judgment tolled the deadline.
The appellate court disagreed, citing Florida Rule of Appellate Procedure 9.020(h)(1)(D) which provides that an authorized and timely filed motion to alter or amend tolls rendition of an order. The court held “Pursuant to Florida Rule of Civil Procedure 1.530(g), ‘[a] motion to alter or amend the judgment shall be served not later than 15 days after the date of filing of the judgment . . . .’ [The former wife] filed her motion to amend or alter the judgment on March 30, 2023, after the fifteen-day deadline expired. As the relevant motion to amend was untimely, we find it did not toll rendition of the final judgment.”
Schedule your meeting with a Miami family law attorney to discuss the specifics of your case and to receive specific advice.