An appeal is a request for a higher Court to consider the work of a lower Court to determine if the judgment that was entered was done correctly.
Nearly all family law cases in Florida are resolved by the Circuit Court. A decision of the Circuit Court of Orange, Osceola, or Seminole County in Florida is appealed to the Fifth District Court of Appeals, located in Daytona Beach. If you wish to appeal a decision of the Circuit Court, you must do so within the prescribed time period or the Appellate Court will not review your concerns.
Appellate Standards of Review
The Appellate Court will identify the standard of review. This means that it will determine what standards you must meet to show that the Circuit Court has made an error. In some instances, such as factual findings, the Appellate Court gives a great deal of deference to the Circuit Court due to the Circuit Court’s ability to observe the demeanor of testifying witnesses. The Appellate Court does not want to presume that is has full information about how creditable the witnesses were. In other cases, such as conclusions of law, the Appellate Court will demonstrate its correct use of the law to set a precedent for the other Circuit Courts to follow.