In limited instances you may be able to get relief from a judgment or a court order.
Relief means the court “relieves” a party from a judgment, order or proceeding.
Depending on the perceived error and the timing, you generally have three options to get relief from an 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.
An appeal is a challenge to a final order that a judge has issued in a case, and there are very limited ways to challenge it. The time that you have to file a notice of appeal is restricted, and failure to file within the time period can prevent you from making an appellate claim. Successfully appealing a case can be difficult and complex because the person seeking an appeal has such a high burden of proof.
Valid reasons to file an appeal:
- Harmful mistakes made by the court (errors affecting the outcome of the case)
- The order is not supported by the evidence
- The judge misunderstood or misapplied the law
Given the complexity, time limitations and particular 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 the matter by appeal, if necessary. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida.