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Palm Beach Appellate Lawyers and Alimony Modifications

Uncategorized Dec 2, 2020
post about Palm Beach Appellate Lawyers and Alimony Modifications

What is a Florida appeal? When do you need to hire a Palm Beach appellate attorney? What probate or family law orders are appealable? How can a Palm Beach appellate attorney help me with an alimony modification? When would I need an appellate lawyer in a Florida family law case? What should I look for when hiring a Florida appellate lawyer?

Florida Civil Appeals

Florida lawyers know that some civil law cases can lead to an appeal. Civil law matters include probate cases, divorce and custody battles, business disputes, real estate lawsuits, etc. If you disagree with a final judgment or order in your civil lawsuit, you may be able to file an appeal. If you win a case, the other side may appeal. Therefore, it’s important to anticipate the possibility of having to hire a West Palm Beach appellate attorney.

Hiring a Florida Appellate Lawyer For Your Family Law Appeal

If you are in the process of hiring a Florida appellate law firm for your family law or probate appeal, you may want to look for a law firm with extensive experience in handling civil appeals. Does the West Palm Beach appellate attorney you are interviewing have over twenty years of experience? How many appellate briefs have they written? How many appellate briefs have they answered? What type of appeals do they handle?

At Pankauski Hauser Lazarus, our law partners have over twenty years of experience practicing Florida law. Also, our firm limits its practice to civil litigation and appeals.

Robert Hauser, Esq. a partner at Pankauski Hauser Lazarus, has been Board Certified Specialist by The Florida Bar in Appellate Practice since June 1, 2009. This designates him as an expert and specialist in appeals in Florida. If you are considering appealing an order, or find yourself involved in a civil appellate matter in Miami or West Palm Beach, you should consult with an experienced Florida appellate attorney. For a free consultation, call (561)268-0233 ext.101.

What Orders are Appealable?

Florida Rule of Appellate Procedure 9.130 discusses what nonfinal orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction.

The best way to determine whether or not an order is appealable is to consult with your West Palm Beach appeals lawyer regarding your particular case.

Sjogren v. Sjogren

This October 28,2020 Fourth DCA opinion is a good example of a Florida family law appeal. Here, a former husband appeals a final order denying his supplemental petition to modify his alimony obligation to former wife. Because he was appealing a final order, the appellate court had jurisdiction to hear the case.

The trial court had concluded that the husband failed to prove a substantial change in circumstances regarding his ability to pay and that any change that had occurred was voluntary. The appellate court disagreed.

Ultimately, the appellate court did affirm the order denying the former husband’s petition but without prejudice to him seeking a temporary modification.

If you are involved in a family law matter involving alimony modifications, you may want to read Sjogren and Sjogren in its entirety.