Florida Family Law Appellate Attorneys
Our appellate practice is led by a Fellow of the American Academy of Appellate Lawyers with decades of appellate experience. We handle direct appeals, certiorari petitions, and post-trial motions in the District Courts of Appeal and the Supreme Court of Florida.
Quick answer
A Florida family law appeal asks a district court of appeal to review a final judgment or an appealable non-final order for legal error, based only on the trial record — no new evidence or testimony is permitted. Appeals from Broward County go to the Fourth District Court of Appeal in West Palm Beach; Miami-Dade appeals go to the Third District.
Family Law Appeals in Florida: key facts
- Governing rules
- Florida Rules of Appellate Procedure, rule 9.130 and rule 9.110
- Broward appeals
- Fourth District Court of Appeal (West Palm Beach)
- Miami-Dade appeals
- Third District Court of Appeal (Miami)
- Record
- Limited to the trial record; no new evidence, no new testimony
- Standards of review
- De novo for legal error; abuse of discretion for most family law rulings; competent substantial evidence for factual findings
- Preservation
- Issues generally must have been raised and preserved in the trial court
Overview
An appeal is not a retrial. It is a legal review of the trial court's record for reversible error. The rules governing preservation, briefing, and standards of review are highly technical and differ materially from trial practice.
Our appellate team also provides trial support — advising trial counsel on preservation of error, drafting motions in limine and post-trial motions, and consulting on jury instructions and evidentiary rulings.
How the firm approaches family law appeals
We evaluate every appellate matter honestly: what issues are preserved, what standards of review apply, and what realistic outcomes look like. That evaluation shapes whether an appeal, a cross-appeal, or a settlement is the right response to an adverse ruling.
Nancy W. Gregoire chairs the firm's appellate division and has served on The Florida Bar Appellate Court Rules Committee, Appellate Practice Section, and Board of Governors.
Frequently Asked Questions
How long do I have to appeal a family law order in Florida?
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Typically, thirty days from the rendition of the final order, subject to tolling by an authorized post-trial motion. Some non-final orders have their own time limits.
What is 'preservation of error'?
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The requirement that an issue be raised in the trial court — through timely objection, motion, or offer of proof — before it can be argued on appeal. Unpreserved issues are rarely reviewable.
What is the standard of review?
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It depends on the issue. Findings of fact are reviewed for competent substantial evidence; legal conclusions are reviewed de novo; discretionary rulings are reviewed for abuse of discretion.
Can I get a stay of a family law order pending appeal?
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A stay of a family court order requires a motion first in the trial court and then, if denied, in the appellate court. Stays are discretionary and often conditioned on posting security.
What happens if I win the appeal?
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The appellate court can affirm, reverse, remand, or issue specific instructions. A reversal usually returns the case to the trial court for further proceedings consistent with the appellate opinion.
How long do I have to appeal a Florida family law judgment?
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Typically, a notice of appeal must be filed within 30 days of rendition of the final judgment or appealable order. The deadline is jurisdictional, meaning an appellate court cannot extend it, though a timely authorized motion for rehearing can postpone rendition. Anyone considering an appeal should consult appellate counsel immediately after the judgment is entered.
What is the difference between an appeal and a motion for rehearing?
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A motion for rehearing is filed in the trial court and asks the same judge to correct an error or make required findings, and it can suspend rendition so the appellate clock has not yet started. An appeal is filed in the district court of appeal and asks a panel of appellate judges to review the record for legal error.
Can new evidence be presented on appeal in Florida?
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No. A Florida appellate court reviews only the record that was made in the trial court — the pleadings, admitted exhibits, and transcripts. New evidence, new witnesses, and arguments never raised below are not considered. This is why preserving objections and ensuring hearings are transcribed matters so much during the trial itself.
Discuss your matter, in confidence.
Monday – Friday, 8:30 a.m. – 5:00 p.m. (closed 12:00 – 1:00 p.m.)