Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It may be fatal to a Florida family law appeal if a party fails to raise certain arguments before the trial court. Failing to raise the argument with the trial court before raising it with the appellate court may be deemed as a waiver of the argument. This was an issue in the case Khare v. Khare, 3D25-0151 (Fla. 3d DCA October 29, 2025).
The wife in this divorce case appealed the trial court’s ruling which dismissed her petition for lack of subject matter jurisdiction, personal jurisdiction and forum non conveniens. She did not provide a transcript of the hearing on this motion, and thus the appellate court affirmed the order. She also appealed the court’s failure to exercise in rem jurisdiction, but the court ruled that because she did not raise this argument on the trial level, she waived it.
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case, as this article cannot be taken as legal advice.