Florida family law: motion for rehearing to preserve appeal

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Before a party can appeal a Florida family law case, he or she usually must give the trial court an opportunity to correct any claimed errors before appealing. This is typically done via a motion for rehearing. This was an issue in the case Leman v. Tal, 3D24-2238 (Fla. 3d DCA December 31, 2025).

This is a citation opinion, so background facts are not given. However, the matter was affirmed with the following citation: “See Fla. R. Civ. P. 1.530(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.’); Schneider v. Tirikian, 397 So. 3d 1070, 1074 (Fla. 3d DCA 2024) (‘The key to preservation is whether the trial court had an opportunity to correct the purported error.’) [. . .].”

This article is for information purposes only and is not legal advice. Schedule a consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.