Legal Question in Appeals and Writs in Florida

Good morning

My question is as follows, a Final Judgment was enter on a Petition for Protection, also known as an Injunction Order/restraining order, after the final Judgment was enter I had filed a Motion for a rehearing within the 10 days allotted by law and was denied

I had filed this Motion for a rehearing and stated in the motion that there is newly discover evidence in which now can clearly show the court where the Petitioner/Ex Wife had clearly and knowingly lied and miss represented the facts, not to get into all the details but in brief this has been a common tool of my ex wife�s to alienate my child from me with some success, my question is

The Judge hearing this case stated just before entering his dission (like so many cases of this nature the court can not tell who is telling the truth and with that being so will grant the Petition).

Is this lower court decision to denial a motion for rehearing within the legal time frame or the enter of the Final Judgment appeal able and what would be my chances of winning this appeal and can you refer me to any similar known appealed cases and of course your opinion would be greatly appreciated

Thank You Lakeland Florida


Asked on 3/12/12, 3:54 am

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

This is q very complicated question and you should consult with an appellate attorney. If you had an attorney at trial, he should be involved in this initial meeting if possible. There are many things that must be done at trial to preserve an issue for appeal. If not done correctly, you lose the ability to appeal. In short, the time to think about an appeal, is before trial.

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Answered on 3/12/12, 3:06 pm


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