Appeals in Florida Courts
An appeal is the process by which a party asks a higher court to review a lower court's decision for legal errors. Florida's appellate system includes five district courts of appeal and the Florida Supreme Court, each with defined jurisdictional authority over different types of appeals.
The Appellate Process
A Florida appeal begins with filing a notice of appeal within 30 days of the final order under Florida Rule of Appellate Procedure 9.110. The clerk prepares the record on appeal, which includes all documents filed in the trial court and transcripts of relevant proceedings. The appellant files an initial brief identifying legal errors, the appellee responds, and the appellant may file a reply brief. The appellate court may hear oral argument before issuing its written opinion.
Standards of Review
Florida appellate courts apply different standards depending on the issue. Questions of law are reviewed de novo (independently, with no deference to the trial court). Factual findings are reviewed for competent, substantial evidence (a deferential standard). Discretionary rulings (such as evidentiary decisions and sanctions) are reviewed for abuse of discretion. Understanding the applicable standard is critical to framing an effective appellate argument.
Related Terms
Barnes Walker Litigation
Barnes Walker handles civil appeals in Florida's district courts of appeal. Contact our litigation team for appellate representation.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC