Appeals

Appeals - DeWitt Law FirmThe attorneys at the DeWitt Law Firm have handled numerous appeals, including appellate work done at both the District Court of Appeals and the Florida Supreme Court levels. Appellate law has different procedures and standards than trial level practice. As such, it is important to work with an attorney that has knowledge of both appellate practice and the area of law that is applicable to the issue(s) on appeal. If you believe that you may have an issue that is appropriate for an appellate action, please call us immediately. Keep in mind that an appeal must generally be filed within 30 days of rendition of the final judgment, and failure to file for an appeal timely could forfeit your rights to appellate relief. Appellate procedure holds many traps for the inexperienced and unwary. Preservation of error in the trial court is critical to appellate success.

Notable Cases

Tax Deed Sales
Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006) (due process under the Fourteenth Amendment required the clerk to take additional reasonable steps to notify the owners of the tax deed sale.)

Surna Constr., Inc. v. Morrill, 50 So. 3d 47 (Fla. Dist. Ct. App. 5th Dist. 2010)(In any proceeding which is to be accorded finality, due process requires notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Subject to this limitation, the legislature has the authority to determine the extent and character of the notice which shall be given by the state before property is sold for nonpayment of taxes.)

Family Law
Bacchus v. Bacchus, 108 So. 3d 712 (Fla. Dist. Ct. App. 5th Dist. 2013)(The clear purpose of § 741.30(5)(c), Fla. Stat. is to preserve the status quo pending a final evidentiary hearing. It does not contemplate entry of a series of temporary injunctions in lieu of a full hearing on a permanent injunction.)

Cogen v. Cogen, 2008 Fla. App. LEXIS 15246 (Fla. Dist. Ct. App. 5th Dist. 2008)(it was error to award rehabilitative alimony where the former wife failed to present evidence of a rehabilitative plan.)

Topel v. Topel, 2014 Fla. App. LEXIS 20588 (Fla. Dist. Ct. App. 5th Dist. Dec. 19, 2014)(alimony awards must be supported by competent, substantial evidence that demonstrates the need for support and the paying spouse’s ability to pay).

Garcia v. Roldan, 2012 Fla. App. LEXIS 10636 (Fla. Dist. Ct. App. 5th Dist. 2012)(Dominican Republic divorce was not finalized prior to entry into second marriage, so second marriage was void).

Business Litigation
Bank of Winter Park v. Resolution Trust Corp., 633 So. 2d 53 (Fla. Dist. Ct. App. 5th Dist. 1994)(A garnishee bank prevails over a judgment garnishor where the garnishee bank’s set-off rights accrued upon the depositor’s default prior to the bank receiving service of the writ of garnishment.)

Mt. Dora v. Jj’s Mobile Homes, 579 So. 2d 219 (Fla. Dist. Ct. App. 5th Dist. 1991)

Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 487 So. 2d 395 (Fla. Dist. Ct. App. 5th Dist. 1986)

Probate Litigation
Smith v. DeParry, 86 So. 3d 1228 (Fla. Dist. Ct. App. 2d Dist. 2012)