Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Before a party can appeal a Florida family law judgment, usually he or she must give the trial court an opportunity to address the issue being appealed. Failure to do so may result in denial of an appeal. This was an issue in the case Clark v. Clark, 3D24-1465 (Fla. 3d DCA February 25, 2026).
The former husband in this case appealed an amended final judgment of divorce. After the original final judgment was entered, the former wife filed a motion for rehearing. The former husband did not file anything in opposition and did not appear at the hearing on the motion. The court granted the former wife’s motion and entered an amended final judgment. The former husband appealed in part on the basis that he was never served with the former wife’s motion for rehearing, notice of the rehearing or the amended final judgment. He raised this argument for the first time on appeal.
The appellate court affirmed as to all issues, noting a lack of a transcript filed by the former husband. The court further held “The issue of service was not raised before the trial court pursuant to Florida Family Law Rule of Procedure 12.530 or 12.540 and Florida Rule of Civil Procedure 1.140 and is therefore not preserved for appeal. See Fla. R. Civ. P. 1.140(h)(1) (‘A party waives all defenses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) of this rule or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2).’).”
Nothing in this article is legal advice. Schedule a meeting with a Miami family law attorney to determine how the law may apply to your case.