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Appeals in Tampa
If either party believes that the judge made an error in her interpretation of the law or procedure, that party can appeal the case to an appellate court, which will then review the judge’s decisions for accuracy. When appropriate, the appellate court may make a formal change to the trial court’s ruling or remand the matter back to the trial court with further instructions. Appeals function as a process for error correction, as well as a process for clarifying and interpreting the law. The appellate court will not consider new witnesses or evidence; rather, it reviews the evidence already submitted to the trial court to determine whether there was an error in procedure or in the judge’s interpretation of the law. An appeal may be brought if there is a question as to whether the trial court made an error of law or fact.
Joryn Jenkins of Open Palm Law has a strong history of appellate work. Among other successful appeals, Joryn Jenkins represented Florida on appeal of the termination of life support of a minor child, making new law nationwide regarding the ability of parents to substitute judgment for child in determining whether to terminate child’s life support. Let the attorneys of Open Palm Law help you to resolve your appellate matters.
FAQs for Appeals
Yes. To ensure that judges act appropriately and apply the law correctly, parties may appeal orders and judgments in family law cases.
It depends. Grounds for appeal are limited to errors in law and in fact. An example of an error in law would be if the court orders something in direct violation of the law. By contrast, a mistake in fact exists if a judge reaches a conclusion that no other reasonable person could have reached based on the evidence.
You may have as little as 30 days from the date of the order to file your notice of appeal, so it is imperative that you act quickly if you feel that an appeal is warranted.
While a transcript is not mandatory to appeal a case, if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed. Therefore, it is important to have a court reporter present at your important hearings in case an appeal becomes necessary.