We’re Back: The Appellate Court Said You Didn’t Find Anything

Trial attorneys work hard to prevent appeals in divorce cases, as they can be emotionally and financially draining. One common reason for appeals is the lack of detailed findings in the final judgment. The court has emphasized the importance of paying close attention to the details in divorce cases to avoid unnecessary appeals and expenses. This article will highlight some common mistakes to avoid and provide guidance on preparing final judgments to reduce the chances of appeals. This article provides a list of important facts that need to be included in court judgments, based on laws and previous court cases. It’s important to include these findings to avoid mistakes and make it easier for the court to review the case. The article also emphasizes the need for evidence to support these findings, as courts can’t make decisions without proof. Not having enough evidence can result in the case being sent back for further review, which can be a problem if the party didn’t prepare properly for the trial. It’s important for both sides to have a fair chance, and for the court to have all the information they need to make a decision. There are also resources available to help with this process, like the forms provided in the Florida Family Law Rules of Procedure. In some cases, if a party doesn’t give evidence about the value of something they want to split in a divorce, the court might not include it in the distribution. If a party doesn’t ask for a rehearing, they might not be able to appeal the court’s decision. Some appeals courts say you have to ask for a rehearing to appeal the court’s decision, but not all of them agree. If the reasons for a court decision are clear and supported by evidence, the court won’t reverse the decision just because it lacks specific legal findings. However, in some cases, the absence of required findings can lead to the decision being reversed. It’s important to ask for these findings during the trial and seek a review if they are missing from the final decision.

If the court’s decision is well-supported, it won’t be reversed for lacking specific legal findings. But it’s important to request these findings during the trial and seek a review if they are missing from the final decision. Rule 1.530 gives parties 10 days from the date the judgment is rendered to ask for a rehearing, or to change the judgment. If a motion is not filed within this time, the court cannot take action without a good reason. Rule 1.540 allows for correction of mistakes in the judgment, but it must not affect the substance of the judgment. During an appeal, these mistakes must be corrected before the appeal is finalized. The appellate court can give permission for the trial court to fix these mistakes. It’s a good idea for both sides to agree on this. If there’s no record of the hearing that led to the judge’s decision, the appellate court usually can’t do much about it. But sometimes, they can still reverse the decision if there’s an obvious mistake in the judgment. In one case, the court reversed a decision about a house because it didn’t consider how it would affect a child. They also reversed decisions about money and property because the judge didn’t explain them well. So, not having a record of the hearing won’t always stop an appeal from being successful. In alimony and equitable distribution cases, the Second District court aligned itself with the First District in a case called Esaw. They stated that a lack of transcript is a bigger issue than a lack of factual findings in a judgment. They also said that once a judgment is final, the rights of the parties are fixed and cannot be changed, unless there is a specific reservation of jurisdiction. Any request for a change in the judgment must be presented through appropriate legal filings. In a court case, it’s important for the judge to explain their reasoning for making decisions. This is called making “findings of fact.” These findings are required for things like dividing property, deciding on alimony and child support, and determining custody and visitation rights. If the judge doesn’t make these findings, the decision could be challenged and sent back to court. It’s important for the judge to carefully consider all the laws and rules before making a decision to avoid mistakes and make sure everyone gets fair treatment. If mistakes are found later on, there are ways to fix them before or even after an appeal is filed. This is all in place to make sure everyone involved in the case gets a fair outcome. The cited cases show that in Florida, certain rules and statutes govern divorce cases. For example, there are no time limits for motions based on fraudulent financial affidavits in divorce cases. The court can revisit a judgment to correct any errors of law, but there are limitations on this. There are also specific rules for alimony and child support, including the factors the court will consider when making decisions. Additionally, there are rules for attorney’s fees and sanctions in divorce cases. Jonathan M. Streisfeld is a lawyer in Ft. Lauderdale who specializes in handling cases at the appeals court level. He works on cases related to civil and family law. This column was written on behalf of a group of lawyers who focus on appellate practice. Their goal is to promote ethical behavior and serving the public, improve the justice system, and advance the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/were-back-the-appellate-court-said-you-didnt-find-anything/