Posted on March 28, 2018
While there are specific types of non-final orders that can be reviewed under Florida Rule of Appellate Procedure 9.130, that category of orders is restricted, and in most cases, an order must be final before a person can seek appellate review.
Therefore, before undertaking an appeal, a family appellate attorney must file and determine, for appellate purposes, whether the subject order is final or non-final. This evaluation helps an attorney manage case progression, streamline litigation, maintain the trial court’s role as the primary arbiter of conflicts, and prevent piecemeal appeals.
To determine when a review of a specific order is authorized, it is therefore important to understand the differences between final and non-final orders.
There are two significant differences between appeals from non-final orders and final orders:
Although some non-final orders fall precisely within Rule 9.130, such orders are only reviewable under limited circumstances and are far more difficult to recognize than final orders. In family law matters, Rule 9.130 limits appeals of non-final orders to those that determine: a) the right to immediate monetary relief; b) the rights or obligations of a party regarding child custody or time-sharing under a parenting plan; or c) that a marital agreement is invalid in its entirety.
The practice of Florida appellate law is highly specialized and complex; such matters may furthermore be extremely time sensitive. At The Roberts Family Law Firm, P.A., we have a dedicated appellate department of highly experienced trained attorneys familiar with Florida appellate practice and procedure. If an order or judgment has been entered in your case and you have questions regarding your right to an appeal, please contact The Roberts Family Law Firm, P.A., today by calling 407-426-6999. or by filling out the online form provided at the top of this page.