Florida Appellate Law & Appeals Process FAQ

While many website visitors researching appellate law and the appeals process have an understanding of the terms, laws, and guidelines involved in the appeal process, we realize that some visitors to this site may have questions. Here we will answer some of the most common questions about appeals and appellate law. If you have additional questions, contact us today.

What is the basic concept of an appeal?

After an opinion is rendered in a civil or criminal case by a lower tribunal, any party who disagrees with the ruling has the right to have the decision reviewed by a higher court. This process is known as the appeals process or appellate process, and typically requires the services of an appellate attorney. Your right to an appeal is both a U.S. Constitutional right and a Florida Constitutional right.

What is the first step in the appeals process?

The first step in the process is the filing of a “notice of appeal.” This is the document a person must file with the trial court in order to initiate and pursue an appeal.

How long do you have to file an appeal after a court decision is announced?

Typically, you have 30 days, but your lawyer will verify this for you.

How long is the time period between filing the appeal and obtaining a decision from the appellate court?

The process can be lengthy. Transcripts of the original hearings or trial must be prepared. All sides prepare and submit briefs and responses to briefs. Once all the information for the appeal is prepared, it is assigned to a panel of three judges for review and consideration. There may also be an oral argument before the panel issues a decision, and there may be post-decision motions such as a motion for rehearing.

What are the requirements for appealing a decision or how do you know if you can appeal?

To determine eligibility for appeal, first you must consider whether you are a party who can appeal, which an appellate attorney can verify. Next, the court must have made a judgment, an appealable order, or an order after judgment that is appealable. Third, you must have the paperwork to substantiate the judgment. There must have been an error of law, fact, or procedure in your trial. Your attorney can advise you on whether you meet the requirements for filing an appeal.

Who can render an appealable decision?

Any lower tribunal, including trial courts and administrative agencies, can have their decision appealed.

Will oral arguments for my case be presented before the judges, or will they only consider written documents?

Oral arguments are not always presented in an appeal. The court or judge schedules oral argument only if one of the parties made a timely request and the court agrees that this oral argument could be helpful in their decision, or if the judges feel that they need to hear oral argument. The court will review the appellant’s brief and the appellee’s brief created by the attorneys for both the appellee and the appellant. The brief establishes the legal arguments and explains why the appellate court should affirm or reverse the lower court’s judgment. The appellate briefs are typically created by appellate attorneys, whose area of practice is appeals.

What decisions can the panel of appellate judges make or what options do they have?

The appeals court may AFFIRM the lower court’s order (meaning that the decision of the lower court will stand).
If the appellate court finds that the decision of the lower court was erroneous, it will either REVERSE the lower court decision or REVERSE AND REMAND to the lower court decision for further proceedings.
In some cases, the appellate judges may rule that the mistake was a harmless error – that it did not affect the outcome of the case or would not have made a difference legally. With harmless error like this, the original decision still stands.