Appeals Attorneys in Naples, FL
Fighting to get you a better outcome. Call us at (239) 309-2006!
You might find that despite your best efforts to settle your case, your divorce went to trial and the judge made major decisions that will have a serious impact on your future. You may be either shocked or even gravely disappointed by the judges ruling. The judge may have seen the case differently that you and your attorney did. Perhaps the judge made mistakes. Or it may be that Florida law simply does not allow for the outcome you were hoping for.
Whatever the reasons for the judges ruling, you may feel that the judges decisions are not ones you can live with. If this is the case, contact us immediately about your right to appeal. Together, we can decide whether an appeal is in your best interest, or whether it is better to accept the court’s ruling and invest your energy in moving forward with your future without an appeal.
You have the right to appeal a prior ruling. Contact the Law Offices of Cavanaugh & Cavanaugh, P.A. at (239) 309-2006 today.
How much time after my divorce do I have to file an appeal?
You must file an appeal within thirty days of the final order you wish to appeal. We may recommend filing certain motions following your trial, so contact us as soon as you have received the court's ruling. A timely discussion with our attorneys about your right to an appeal is essential so important deadlines are not missed.
Can I appeal a temporary order?
Yes, temporary orders can be appealed. Temporary orders that may be appealed include: temporary support, temporary time-sharing, temporary alimony, and temporary exclusive use of the marital home.
What parts of the decree can be appealed?
When should an appeal be filed?
An appeal should be filed only after careful consultation with our attorneys when you believe the judge has made a serious error under the law or the facts of your case. Among the following factors that we will discuss with you are:
- Whether the judge had the authority under the law to make the decisions set forth in your decree
- The likelihood of the success of your appeal
- The risk that an appeal by you will encourage an appeal by your former spouse.
- The cost of an appeal
- The length of time an appeal can be expected to take
- The impact of a delay in your case during the appeal.
The deadline for filing an appeal is 30 days from the date that a final order is entered in your case. It is important that you are clear about the deadline that applies in your case, so you can talk to our attorneys at once if you are thinking about an appeal.
Are there any disadvantages to filing an appeal?
There can be disadvantages to filing an appeal, including:
- Uncertainty in the outcome
- Increased attorney’s fees and costs
- The risk of a worse outcome on appeal than you received at trial
- Prolonged conflict between you and your former spouse
- The risk of a second trial occurring after the appeal
- Difficulty in obtaining closure and moving forward with your life
Is an attorney necessary to appeal?
The appeals process is very detailed and specific, with set deadlines and specific court rules. Given the complex nature of the appellate process, you should have an attorney if you intend to file an appeal.
How long does the appeals process usually take?
It depends. An appeal can take anywhere from several months to well over a year. An appeal may also result in the appellate court requiring further proceedings by the trial court. This will result in further delay.
What are the steps in the appeals process?
There are many steps that our attorneys will take on your behalf in the appeals process to ensure a smooth and diligent process, including:
- Identifying the issues to be appealed
- Filing a notice with the court of your intent to appeal
- Obtaining the necessary court documents and trial exhibits to send to the appellate court.
- Obtaining the transcript of the trial, a written copy of testimony by witnesses and statements by the judge and the lawyers made in the presence of the court reporter.
- Performing legal research to support your arguments on appeal
- Preparing and filing a document known as a “brief,” which sets forth the facts of the case and the relevant law, complete with citations to court transcript, court documents, and prior cases
- Possibly making an oral argument before the judges of the appellate court.
Reach Out to Our Law Office in Naples to Discuss Your Appeals Case Today!
If you are looking to appeal a ruling, the family law team at the Law Offices of Cavanaugh & Cavanaugh, P.A. in Naples can guide you through each step and fight to get your previous ruling appealed. Backed by more than four decades of experience, you can feel confident that our team will help you overcome any potential obstacles you may face.
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Our Attorneys Have Over 45 Years of Combined Legal Experience