WHAT DECISIONS CAN BE APPEALED AND WHEN?

When contemplating appealing a Florida Divorce or Child Custody Decision it is necessary to understand whether an order is a “final order” or a “non-final order” because the designation determines when the order can be appealed.  Further below are answers to commonly asked questions that Florida Divorce Appeals Lawyers and Child Custody Appellate Lawyers frequently receive when it comes to differentiating between final and non-final orders.  Clicking on each question below will open a separate web page with a detailed answer to the particular question or explanation of the particular topic.  

Generally speaking, an order is “final” when all “judicial labor” associated with the case is over.  This means that there is nothing left for the trial judge to do.  An order is a “non-final order” when the order is issued while the case is still ongoing, or if a significant part of the case must still be worked out by the lower court.

The distinction between “final orders” and “non-final orders” is important, as only certain types of non-final orders can be appealed before the end of a case.

Below are explanations of some of the most commonly asked questions and topics relating to what decisions can be appealed and when:

Why does it matter if the Florida divorce or child custody order I want to appeal is a “final” or “non-final” order?

What is a “final order” in a Florida divorce or child custody case?

Is an order a “final order” if the Florida divorce judge reserved jurisdiction to determine entitlement or amount of attorney’s fees?

What is a “non-final order” in a Florida divorce or child custody case?

What is an “interlocutory order”?

What types of “non-final orders” can be appealed immediately in Florida?

Can I file an appeal now if the order is a “non-appealable non-final order”?

What does it mean to seek a Writ of Certiorari, Writ of Mandamus, or Writ of Prohibition?

Click here to go to 'Appeals Overview'

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