Posted by Nydia Streets of Streets Law in Florida Divorce
Appealing your Florida divorce judgment may require that you file a motion for reconsideration or rehearing before you file your appeal. This is because you usually must exhaust all available remedies in the trial court before an appeal. This was an issue in the case Hewell v. Hewell, 3D24-1501 (Fla. 3d DCA August 27, 2025).
In this divorce case, the former husband appealed the trial court’s final judgment, arguing the trial court unjustifiably ordered an unequal distribution of marital assets and liabilities, and that the court did not distribute all of his claimed marital liabilities. The appellate court affirmed because the former husband did not provide a transcript of the proceedings. Additionally, the appellate court held “‘In addition, and to the extent Former Husband claims the trial court failed to make requisite factual findings in the final judgment, it has not been properly preserved because Former Husband failed to file a motion for rehearing in the trial court.’ [internal citation omitted] (quoting Fla. Fam. L. R. P. 12.530(a) (‘To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final judgment, a party must raise that issue in a motion for rehearing under this rule.’)).”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.