Cross Appeal


What is a cross appeal and when should I file a cross appeal of a Florida divorce or custody order?

The term “cross appeal” becomes applicable when both parties appeal the divorce court judge’s order.  The “cross appeal” is the name given to the appeal brought by the second party to appeal the divorce court judge’s order. 

Basically, you need to file a cross appeal if (1) the other party files an appeal before you and (2) you have a problem with the trial judge’s order that you want changed on appeal.  Otherwise, if the other party has not yet appealed, you will file a “plain ole regular appeal.”

In case you were wondering, there is no real advantage to being the first party to file an appeal or disadvantage to filing a cross appeal.  Appellate courts are thorough and all arguments validly raised in the briefs will be considered.

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