Before an Appeal – Must Challenge Trial Court Ruling

[Attorney Howard Iken]

Welch v. Welch, July 24, 2009, 1st District Court of Appeal
The Trial court awarded the former wife child support and alimony. But the alimony consisted of $1 per year.

Note: this is called nominal alimony and ensures the court has future jurisdiction to review the amount of alimony.

The final judgment of the trial court did not contain the method or reasoning of the trial court on how the judge determined the amounts of support.

Normally, this is something that can be appealed.

But the appeals court noted the former wife failed to request the trial court supply it’s reasoning. At the very least, the former wife should have filed a Motion for Rehearing – that specified the missing factual reasons. (Rule 1.530 allows a Motion for Rehearing to be filed within 10 days after the filing of a judgment)

Based on the former wife’s failure to challenge the trial court, the appeal was denied.



Attorney Howard Iken


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[tattoo]

My Ex Has filed an appeal or a motion to set aside final judgement and for reconsideration...looking for alimony.....her reasoning was she had no attorney and was encountering a Deep emotional blow. she never filed a counter petition only the response. any way do I have to file a response to this or better yet can I file a resopse to the appeal?