Did your divorce case turn out different than you expected? Are you considering a review and appeal of your case? If you’ve answered yes to these questions, you should be prepared to review your conduct through the course of the trial court proceedings.
The right to file an appeal is not without limitations. Appeals will be dismissed in dissolution of marriage cases where the appealing party has been held in contempt for failure to pay court-ordered support, or if the appealing party does not comply with the trial court’s orders within a set period of time.
Where an appealing party has disobeyed an order from the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal. Where dismissal is ordered, it is mandatory however, that the disobedient appealing party be given a period of grace, prior to the effective date of the dismissal, in which to comply with the disobeyed order.
In Whissell v. Whissell, (Fla. 4th DCA 2015), the husband filed an appeal, asking the appellate court to review the final judgment entered in his case. The husband had previously been found in contempt of court multiple times during the course of his trial proceedings. The appellate court refused to address the complaints asserted by the husband, but rather remanded his case back to the trial court, in order for the trial court to give him time to comply with the court orders issued in his case. Only after such time would the court entertain his appeal.
Alan R. Burton is an experienced attorney, practicing in Boca Raton and Fort Lauderdale, Florida. He has argued many appeals before the 4th District Court of Appeal, as well appearing before the Florida Supreme Court. If you have questions about your divorce or are considering an appeal of your case, you should call Alan R. Burton today at 954-229-1660 or 954-295-9222 and schedule a conference to discuss your case.