Winter Park Appeals of Final Judgment Attorney
At The Troum Law Firm, we give our clients all their legal options and carefully explain the pros and cons of each one. Our Winter Park final judgment appeal attorneys also give clients solid legal advice, so they can make the best possible decisions. Then, whatever path our clients choose, we aggressively stand up for their legal and financial rights.
Grounds for Appeal in Florida
One appeal basis is a lack of evidence in support of the verdict. These appeals are not easy to win, because the standard of proof in civil cases (a preponderance of the evidence, or more likely than not) is rather low.
So, technical appeals often gain more traction with appeals court judges. In addition to inadmissible evidence, other technical matters include failing to follow the law, with regard to family support or child custody matters.
The Divorce Appeals Process in Orange County
Appeals often begin with a notice of exception. Winter Park, FL family law attorneys file these notices if a magistrate judge heard the case and made a legal error. Such notices must be filed within ten days of the final order, so time is critical.
Other divorce and family law appeals start with a motion for rehearing. This motion gently points out the judge’s legal error and gives the judge an opportunity to correct it. However, since the same judge that issued the order is the one that considers a motion for rehearing, these motions are rarely successful. People do not like to admit they were wrong, and judges are people too.
When most people think of a family law appeal, they think of an appeal to the District Court of appeals. Within thirty days, the appellant (appealing party) must file an extensive brief that lays out the legal errors which the trial court made. New evidence is not allowed in these appeals. The appeals court only considers the evidence presented at trial.
If this appeal succeeds, the appeals court often sends the case back to the trial court for another trial which considers the appeals court’s directives.
Count on a Diligent Attorney
Divorce and other family law appeals are difficult, but not impossible, to win. For a confidential consultation with an experienced family law attorney in Winter Park, contact The Troum Law Firm, P.A.