Legal Question in Appeals and Writs in Florida
Appealing support order in FL
I am in the process of appealing a support order in the state of FL. The order was signed by the initial judge on 8/4/2008. I didnt receive any documentation from the court because it was mailed to an incorrect address, and I live out of state and was never summonsed to appear, The state's atty refused to send copies. I requested the docs on 8/12 and they sent it on 8/14 via fax. I attempted to file a notice of appeal in person with the court on 9/2/08. I was told that I was unable to file because I was told by the court that the notice of appeal would be available for me once I brought the documentation to the court, but when I arrived I was told that I needed to provide the notice of appeal. I was told by someone at the court that I had until 9/4/08 to file. The court was closed for several days due to a tropical storm which prevented me from filing, as well as a federal holiday. The appeal was recieved by the court on 9/4/08 and I have been ordered to show cause why the appeal shoudl not be dismissed because the notice was not timely filed. Is there any chance that the court will hear my case?
2 Answers from Attorneys
Re: Appealing support order in FL
You will need to submit some evidence that the court was closed on September 3, which was the 30th day after the order. If the court was closed on the last day, then you will have until the court was open again.
Re: Appealing support order in FL
I'd like to clarify certain facets of your narrative. The only answer of themoment is "maybe".
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