Once a judge has issued a final order in a case, there are very limited challenges that a party may make to that order. The time available to file a notice of appeal is very limited, and failure to file within the requisite time period will operate as a jurisdictional bar to any appellate claims, so, it is imperative that a party seeking to appeal a final order move quickly to hire an experienced attorney and make the decision whether or not to appeal his or her case.
Depending on the perceived error, a party may seek a motion for rehearing, institute a motion to set aside the order or take an appeal of the order.
- A motion for rehearing entails filing a motion with the court that made the ruling at issue, asking it to correct the perceived error. The time frame to file such a motion is very short.
- A motion to set aside may be appropriate if there is some reason why the order cannot and should not stand – if there is newly discovered evidence, a mistake or fraud, for example. The time frame for this motion depends on the basis for relief, and a failure to file within those time periods will bar relief.
- If the court has committed a harmful error not otherwise corrected by the court rendering the final order, a party may file an appeal of that final order, whereby a higher court is asked to correct the error, overturn the order, and/or direct further action be taken. It is often difficult to show that the court rendering the final order committed not only an error, but that it is an error that requires the correction or reversal of the order. Successfully appealing a case can be a difficult and complex task because the person seeking an appeal has such a high burden of proof.
Given the complexity, time limitations and particularized requirements that these motions or an appeal entail, it is extremely important to hire an attorney with experience to handle your case. The attorneys at Nicole L. Goetz, P.L. have experience with these issues and can assist you and or your attorney throughout the entire process, from the decision to file a motion for rehearing through the resolution of an appeal, if necessary. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida.