Can a final judgment for dissolution be appealed?

[BlissfulMommy]

What is the name of your state? Florida

We called the court today (family law department where we filed for our dissolutions of marriage and the mail goes to before it's being distributed to the case workers upstairs) to find out if my boyfriends STBX has filed any papers with the court in regards to "marital debt" as instructed by the Magistrate on May 22nd 2007 when she called in during the hearing in front of the Magistrate - the Magistrate gave her 10 days - today is day 13. Nothing is noted in the computer besides the recommendation from the Magistrate to finalize the dissolution of marriage. My question is if - once the Judge signs the final judgment for dissolution of marriage - can she appeal it or is it a done deal ? Thanks for your replies !!

 

[LdiJ]

What is the name of your state? Florida

We called the court today (family law department where we filed for our dissolutions of marriage and the mail goes to before it's being distributed to the case workers upstairs) to find out if my boyfriends STBX has filed any papers with the court in regards to "marital debt" as instructed by the Magistrate on May 22nd 2007 when she called in during the hearing in front of the Magistrate - the Magistrate gave her 10 days - today is day 13. Nothing is noted in the computer besides the recommendation from the Magistrate to finalize the dissolution of marriage. My question is if - once the Judge signs the final judgment for dissolution of marriage - can she appeal it or is it a done deal ? Thanks for your replies !!

Yes, she can appeal. She wouldn't get anywhere with an appeal unless the judge made an error of law, but parties in court cases always have the right to appeal the verdict.

 

[BlissfulMommy]

Yes, she can appeal. She wouldn't get anywhere with an appeal unless the judge made an error of law, but parties in court cases always have the right to appeal the verdict.

His STBX had time to respond since March 1st 2007 when she was served and chose not to until she called in during the hearing in front of the Magistrate on May 22nd 2007. She is now all of a sudden claiming "marital debt" that she incurred before they were married (such as a car that she bought when they were just dating and a wedding ring set that she bought prior to their marriage - because she didn't like the engagement ring he proposed with) and the Magistrate gave her 10 days from the hearing to send in her "hard proof" - which she doesn't have - it has been 2 weeks since the hearing as of today. I really don't think that she has a leg to stand on and that the court is not even going to give her the time of the day because she wasn't interested in anything about the dissolution of marriage until just now and the Judge definitely didn't make an error of law. My boyfriend and her received a Report from the Magistrate with his recommendation to enter the Final Judgment 11 days ago. I always thought that was the last time period any one of the parties could appeal. What if we decide to get married right after he receives his Final Judgment and I get my Final Judgment from my STBX ? I researched a little bit and found out that there is no waiting time here in Florida after divorce.

 

[Bali Hai]

His STBX had time to respond since March 1st 2007 when she was served and chose not to until she called in during the hearing in front of the Magistrate on May 22nd 2007. She is now all of a sudden claiming "marital debt" that she incurred before they were married (such as a car that she bought when they were just dating and a wedding ring set that she bought prior to their marriage - because she didn't like the engagement ring he proposed with) and the Magistrate gave her 10 days from the hearing to send in her "hard proof" - which she doesn't have - it has been 2 weeks since the hearing as of today. I really don't think that she has a leg to stand on and that the court is not even going to give her the time of the day because she wasn't interested in anything about the dissolution of marriage until just now and the Judge definitely didn't make an error of law. My boyfriend and her received a Report from the Magistrate with his recommendation to enter the Final Judgment 11 days ago. I always thought that was the last time any one of the parties could appeal. What if we decide to get married right after he receives his Final Judgment and I get my Final Judgment from my STBX ?

Check with Dr. Phil before you do that.

 

[BlissfulMommy]

Check with Dr. Phil before you do that.

Bali, maybe we can stay serious once in a while so someone can please answer my question and give me some more input in this matter. Dr. Phil has nothing to do with this question.

 

[Gracie3787]

What is the name of your state? Florida

We called the court today (family law department where we filed for our dissolutions of marriage and the mail goes to before it's being distributed to the case workers upstairs) to find out if my boyfriends STBX has filed any papers with the court in regards to "marital debt" as instructed by the Magistrate on May 22nd 2007 when she called in during the hearing in front of the Magistrate - the Magistrate gave her 10 days - today is day 13. Nothing is noted in the computer besides the recommendation from the Magistrate to finalize the dissolution of marriage. My question is if - once the Judge signs the final judgment for dissolution of marriage - can she appeal it or is it a done deal ? Thanks for your replies !!

Each party has 30 days from the date an order/decree is RECORDED to file a notice of appeal. Once those 30 days are up, an appeal will be automatically dismissed by the appellate court. (the recording date isn't usually the same as the date of signing, it can be a few days or even weeks after the order is signed).
As others have said, an appeal won't even be heard unless there is an allegation of a mistake of law.

 

[fairisfair]

Bali, maybe we can stay serious once in a while so someone can please answer my question and give me some more input in this matter. Dr. Phil has nothing to do with this question.

I have to agree with Bali, Dr. Phil has everything to do with this question.

Seriously, here you are, on the internet, all up in his business, interfering in and orchestrating their divorce, and already planning your marriage, and the ink ain't even dry on the divorceS. He11, it isn't even wet yet.

Besides, I adore Bali when he is NOTserious.

 

[BlissfulMommy]

I have to agree with Bali, Dr. Phil has everything to do with this question.

Seriously, here you are, on the internet, all up in his business, interfering in and orchestrating their divorce, and already planning your marriage, and the ink ain't even dry on the divorceS. He11, it isn't even wet yet.

Besides, I adore Bali when he is NOTserious.

My boyfriend and I have been dating for almost 2 years - happily I might add. There is nothing wrong with getting married after we are both divorced from our ex's. It would be different if we had just met and decided after a month to tie the knot. Dr. Phil would give us his blessings

 

[BlissfulMommy]

Each party has 30 days from the date an order/decree is RECORDED to file a notice of appeal. Once those 30 days are up, an appeal will be automatically dismissed by the appellate court. (the recording date isn't usually the same as the date of signing, it can be a few days or even weeks after the order is signed).
As others have said, an appeal won't even be heard unless there is an allegation of a mistake of law.

Thanks for your reply Gracie !! It cleared some things up for us

 

[Bali Hai]

Bali, maybe we can stay serious once in a while so someone can please answer my question and give me some more input in this matter. Dr. Phil has nothing to do with this question.