Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Can you appeal any order entered in a Florida family law case? Not all orders are appealable at every stage of a case. Certain non-final orders cannot be appealed. This means orders that are entered before a final judgment is entered in a case, may not be appealable until the final judgment is entered. This was an issue in the case Shavers v. Shavers, 2D21-3190 (Fla. 2d DCA August 31, 2022).

In this divorce case, the wife appealed an order denying a motion to set aside a signed mediation memorandum. The record reflected that the signed memorandum did not modify any temporary orders in place or modify temporary support. The appellate court noted “Furthermore, although the order addresses timesharing and reflects that the parties came to an agreement about timesharing, the trial court has approved but not yet evaluated or agreed to the terms of the parties’ agreement. Finally, it is not an order that invalidates a marital settlement agreement.”

The appeal was dismissed because the court determined it is a nonfinal, non-appealable order under Fla. R. App. P. 9.130(a)(3)(C) and Fla. R. App. P. 9.030(b)(1)(B). Schedule your meeting with a Miami family law attorney to understand how the rules of procedure may apply to your case.