Deadline to appeal extension


When can the deadline to appeal a Florida divorce or child custody order be extended?

The deadline to file a divorce or child custody appeal in Florida can only be extended by filing a written and “timely and authorized motion” listed under Rule 9.0201(h) of the Florida Appellate Rules of Procedure.  If a proper motion is filed, the deadline to appeal is tolled (put on hold) until the trial court files a signed, written order disposing of the motion.

For purposes of divorce or child custody cases, motions that can extend rendition will typically be limited to a petition for rehearing, or a motion to vacate a hearing officer’s report in a child support modification case.

It is noteworthy that a motion can only suspend rendition if it is directed at the order subject to the appeal.  Further, if the motion is untimely, the deadline to appeal will not be extended.

Those intending to file an appeal should exercise extreme caution in properly calendaring the deadline to appeal if the deadline has been tolled by a valid post-trial motion.

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