- Child Custody “Timesharing” Rulings
Trial Court judges are given a substantial amount of discretion in making child custody (or as we call it today “timesharing”) determinations. The standard is the “best interest of the child” standard as governed by Florida Statute 61.13(c). If parents cannot agree on a timesharing schedule or “Parenting Plan”, the Judge will create one for you. A Judge can order 50/50 timesharing, limited timesharing, supervised timesharing, or in limited circumstances, NO timesharing for one parent. Many other issues are resolved in a Court ordered Parenting Plan. If you feel that the Trial Court abused its discretion when implementing a Parenting Plan in your case, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Alimony “Spousal Support” Orders
Alimony, also referred to as “spousal support” is based on a need v. ability analysis under the law. There must be competent and substantial evidence to support a spousal support award. In addition, the Court must make specific findings of fact explaining how it arrived at such an award. Failure to do so is reversible error. There are numerous factors that must be considered before the Court can render an alimony award. If you feel that the Trial Court abused its discretion when calculating or implementing the spousal support, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Child Support Orders
Failure to attach a Child Support Guidelines Worksheet to a child support Order is reversible error. The failure to accurately calculate child support within the guidelines is also reversible error. Child support is governed by Florida Statute § 61.30. Deviations to child support, if calculated incorrectly, are also appealable. If you feel that the Trial Court abused its discretion when ordering child support in your case, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Equitable Distribution Orders
When a couple divorces, the Court will equitably divide all of the marital assets and create an Equitable Distribution Schedule for which the parties must comply. (Florida Statute 61.075). There are certain circumstances that warrant an Unequitable Distribution Schedule. Both Schedules, if done incorrectly, can be appealed. These Schedules must be based upon substantial and competent evidence. Miscalculation of marital assets or awards based upon speculation or inadmissible evidence is grounds for an appeal. If you feel that the Trial Court abused its discretion when executing an Equitable or Inequitable Distribution Schedule in your case, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Temporary Relief Orders
During the pendency of a family law case, either party can seek temporary relief from the Court in the form of temporary alimony, child support, timesharing or attorney fees. If you feel that the Trial Court abused its discretion when ordering temporary relief in your case, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Domestic Violence Injunctions
A Permanent Injunction for the Protection Against Domestic Violence can be issued on many grounds. Domestic violence in Florida is defined as assault or battery, aggravated assault or battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by a family or household member against another family or household member. You can also obtain a Domestic Violence Injunction on the grounds of stalking, cyberstalking, harassment or repeat violence. An adult can seek protection for themselves, or they can seek protection on behalf of a minor child. Permanent Injunctions are exactly as they sound – “permanent.” They are very difficult to dissolve. If you believe that a Permanent Injunction was issued against you in error, there is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately. - Attorney Fee Orders. Trial Court orders that award attorney fees are reviewed by the Appellate Court for an Abuse of Discretion. (Menz & Battista, PL v. Ramos, 214 So. 3d 698, 699 (Fla. 4th DCA 2017). The test for abuse of discretion is whether the Trial Court’s action was “arbitrary, fanciful, or unreasonable.” (Trainor v. Trainor, 199 So. 3d 523, 524 (Fla. 4th DCA 2016). While a Trial Court has broad discretion in making an award of temporary attorney’s fees, the Trial Court must make sufficient factual findings as to the reasonableness of the time expended and the hourly rates. (Trainor v. Trainor, 199 So. 3d 523, 524 (Fla. 4th DCA 2016). Failure to do so may result in the fee award being overturned on appeal. If you feel that the Trial Court abused its discretion when ordering an attorney fees in your case, you may be a candidate for an appeal. There is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately.
- Contempt/Enforcement Orders. If the Trial Court enters an Order and you fail to comply with it, the Court can hold you in contempt and sanction you for your failure to comply. Sanctions can include fines, attorney fees, community service or even IMPRISONMENT. There are very strict rules for which a Court must comply with when rendering Orders of contempt and/or enforcement. If you feel you have been wrongfully held in contempt, there is only a short window to file an appeal, so it is critical that you contact a qualified member of the Horton Law Group, P.A. immediately.
- Final Judgments. You can obtain a Final Judgment in any area of family law. The most common are: Final Judgments in Divorce, Paternity or Modification actions.
Basically, any Order, whether Final or Non-Final is appealable. You have a better chance at winning your appeal if there is a transcript of the Trial Court proceedings that is the basis of your appeal. Thus, you should ALWAYS have a court reporter at hearings.
What does the Appeal process entail?
You have 30 days to file an appeal, otherwise you are forever barred. When you file an appeal, you are asking the Appellate Court to review the Order of the Trial Court, and the evidence you present to the Appeals Court to decide if the Trial Court made an error in its ruling. During an appeal, no new evidence can presented. The Appellate Court will only review the decisions of the lower Court to determine whether errors were made. If errors were made, were the errors grave enough to warrant the reversal of the order rendered?
Once the appeal is timely filed, the next step is to draft the Initial Brief and Appendix. Strict compliance with the Florida Rules of Appellate Procedure is required. Failure to adhere will result in your appeal being DISMISSED. Should you prevail at the appellate level, you may be able to recover your attorney fees from the opposing party. The goal at the appellate level, is for the Appeals Court to reverse the Trial Court ruling and order that the case be remanded back to the Trial Court level to be litigated again. Appeals require careful attention to detail and strict compliance with the rules. Most appeals are denied.
If you are considering filing an appeal – time is of the essence. You need an attorney who understands the appeals process intimately and has a track record of achieving success in the appellate arena.
Why Hire The Horton Law Group?
At the Horton Law Group, we treat our clients like family. We are actively involved in the community; we are well respected in the courtroom, and we have a stellar reputation in the community. We maintain professional relationships with our clients long after their cases are resolved because we fight for our clients every step of the way. We are confident that you will be happy with your decision to hire the Horton Law Group to represent you. Please contact the Horton Law Group, P.A. at 561-299-0018 or email [email protected] to schedule a free 30-minute consultation with a qualified member from our team!
