Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
While an appeal of a Florida family law case may have strong merit, it may not matter if the appeal is not timely filed. This was an issue in the case Jad v. Abinuman, 5D2024-2775 (Fla. 5th DCA January 2, 2026).
In this domestic violence case involving neighbors, one filed a petition for injunction against repeat violence against the other. The trial court, after a hearing with unsworn testimony, entered a stalking injunction which it labeled temporary, even though it was to last five years. The affected neighbor appealed.
The appellate court noted that while the appellant had a meritorious case since the entry of the stalking injunction violated her due process rights (the hearing was not noticed for a stalking injunction, and the entry of the injunction was based on unsworn testimony), the appellate court was without jurisdiction to reverse the order because the appellant filed the case 4 days late. Therefore, the appeal was dismissed in relation to vacating the injunction.
This article is for information only and is not intended to be legal advice. Schedule your consultation with a Miami family law attorney for specific advice about your case.