In Florida family law actions, as in other proceedings, parties have the right to appeal orders they believe were issued improperly. Such right is not absolute, however, as there are certain prerequisites to filing an appeal, including the requirement that the relief sought must be attainable. This was illustrated in a recent Florida divorce action in which the court found that the husband’s petition for certiorari review was inappropriate. If you are contemplating ending your marriage, it is smart to talk to a Miami divorce attorney about your rights.
Procedural and Factual Setting
It is reported that the husband and the wife were divorcing. During the pendency of the divorce, the court issued a temporary relief order granting exclusive use of the rental property to the wife, establishing her right to possess it. The husband did not seek an appeal at that time, however. The court subsequently issued an order finding the husband in contempt for not vacating the property.
Allegedly, the order did not adjudicate him as being in criminal contempt but was focused on securing compliance with the prior temporary possession order, threatening the husband with 179 days in jail. The husband then sought certiorari review of the contempt order. The order in question did not grant immediate appeal, being neither an enumerated non-final order nor a final order. Continue reading ›