What happens to the deadline to appeal a Florida divorce or Florida custody case if the judge amends a final judgment?
This is an issue that has the potential to cause litigants to blow their deadline to file an appeal. Usually, an Amended Final Judgment will not extend the time to file appeal issues in the first Final Judgment that were not materially changed by the Amended Final Judgment.
An Amended Final Judgment can be appealed, but usually only the issues in the Final Judgment that were materially changed in the Amended Final Judgment are subject to the appeal of the Amended Final Judgment.
Is this confusing? You bet it is! Basically, to be safe, appeal the Final Judgment before the applicable deadline and (when appropriate) also appeal the Amended Final Judgment. If you only appeal the Amended Final Judgment there is a good chance that you will have materially limited the scope of what can be raised with the appellate court.
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