Fort Lauderdale Divorce Lawyer Blog
Many people involved in divorce proceedings in Florida cannot resolve their disputed issues without a trial. Once the trial is held and the court makes its determinations, it will issue a final order of dissolution. Parties can appeal such orders, but they must follow the procedural rules and guidelines. Otherwise, their appeals may be rejected. This was demonstrated in a recent Florida opinion in which the court denied an appeal of a final judgment of divorce due to the husband’s failure to file a copy of the trial court’s transcript. If you want to obtain a divorce, it is wise to confer with a Miami divorce lawyer to evaluate your options.
History of the Case
It is reported that the wife initiated divorce proceedings in October 2018. A trial was held in November 2022, during which the court addressed issues raised in the divorce petition. Following the trial, the trial court issued a final judgment of dissolution. The husband did not file a motion for rehearing following the final judgment. He then appealed the final judgment of dissolution.
Appealing Final Judgments of Dissolution
The husband raised various errors on appeal, primarily challenging the trial court’s factual findings. However, the court emphasized that when errors appear on the face of a final order for the first time, the party must bring attention to the error through a motion for rehearing or a similar motion to preserve it for appeal.
As the husband failed to follow this procedure, any arguments regarding the trial court’s factual findings were not preserved for appellate review. Additionally, the husband failed to file a copy of the trial court transcript with his appeal, which proved to be fatal to his arguments. The court explained that without an adequate transcript, a judgment that is not fundamentally erroneous has to be affirmed.
Finding no fundamental error in the face of the trial court’s order and considering the absence of a transcript, the court affirmed the judgment. The court elaborated that the burden rested on the husband, the person filing the appeal, to demonstrate reversible error, and as per legal standards, the trial court’s decision had the presumption of correctness. Hence, the husband did not meet his burden to warrant a reversal of the judgment.
Talk to a Capable Miami Attorney About Your Case Today
Parties that do not agree with the determinations a trial court makes in a divorce action have the right to appeal, but if they do not demonstrate why the decision in question should be reversed, their appeal will most likely be rejected. If you want to end your marriage, it is smart to talk to an attorney about your rights. The capable Miami divorce lawyers of the Law Offices of Sandy T. Fox, P.A. are well-versed in what it takes to obtain favorable outcomes in divorce actions, and if you hire us, we will fight to help you seek the results you deserve. You can reach us at 800-596-0579 or use the form online to set up a conference.