APPELLATE MOTION PRACTICE

In divorce court, it is not uncommon for litigants to engage in “motion practice” where the parties file motions on smaller matters and typically within two weeks have a short five to ten minute hearing on the issue.  In divorce appeals, however, the “motion practice” is much different.  There are far fewer motions and it is rare for the appeals court to ever hold a hearing on a motion.  Most motions at the appellate level in divorce court appeals focus on procedural matters, such as expanding or limiting the appellate record or appellate deadlines or on the issue of appellate attorney’s fees.

Below are explanations of some of the most commonly asked questions and topics relating to appellate motion practice:

Can I file a motion at any time in a Florida divorce appeal?

Is there a time limit for responding to the other party’s motion filed with the appeals court?

What is a motion for appellate fees and costs and when do I have to file it in a divorce appeal?

Can I file a motion to seek review of the appellate court’s decision?

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