Legal Question in Family Law in Florida

If you go before a magistrate in family court and they rule the case is denied because of due process and Laches�which were not affirmative defenses that the Defendant plead, can you have the order overturned on appeal to the Judge or appellate court for procedural irregularities with emphasis on the determination of prejudice against the Plaintiff? Any case law to support it?


Asked on 3/16/10, 10:33 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Sure, you can appeal. Depending on the facts, it may have merit. Without a lawyer, though, your chance of success is very small.

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Answered on 3/21/10, 11:26 am


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