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Welcome to the website for On-Point Paralegal
Services, LLC! You have come to the right place if you
need to file an appeal in Florida. Our associates are fluent in
practice before the Florida District Court of Appeals and the
Florida Supreme Court.
All of our Florida appellate practice services
are provided at flat rates with fast turn-arounds. Please complete
our Appellate Intake Form to
receive a price quote.
FLORIDA APPELLATE PRACTICE
IN A NUTSHELL
TABLE OF CONTENTS
I.
Introduction to Florida Appellate Practice
II.
Notes on the Florida Rules of Appellate Procedure:
A. Jurisdiction:
1.Supreme
Court Jurisdiction:
2.
District Court Jurisdiction:
B. Remedies:
C.
Amendments:
D.
Assignments of Error:
E.
Interlocutory Appeals:
F.
Petitions for Certification Per Florida Rule of Appellate Procedure
9.100.:
1.
Time Limitations:
2.
Naming Parties of in the Petition:
3.
Contents of the Petition:
4.
Time for Responses and Replies:
5.
Order to Show Cause:
G.
Notice of Appeal Per Florida Rule of Appellate Procedure 9.130:
H.
Appeals of Final Orders:
1.
Notice of Appeal:
2.
Preparation of the Record:
3.
Time for Filing Briefs:
4.
Cross-Appeals:
5.
Suggestion of Certification to Supreme Court:
I.
Supreme Court Review
1.
Discretionary Review of District Court Orders
2.
Briefs on Jurisdiction
3.
Merits Briefs
J. Briefs
J.
Oral Argument
I.
Introduction to Florida Appellate Practice.
Appellate practice is the field of law dedicated
to presenting a case to a court of higher jurisdiction for purposes
of determining whether an error was made during the trial. A party
bringing an appeal (the "appellant"), who is dissatisfied
with the trial court's decision or the jury's verdict, cannot
retry his or her case in the appeals court. Review is limited
to determining whether any mistakes were made during trial. All
trials contain errors of some sort. The question here is not whether
an error was made during trial, but whether the error prejudiced
the party affected by it in a material way that affected the final
determination of the case. That is, the appellant must show that
the outcome would have been different if the mistake or error
had not taken place or had been corrected by the trial court.
For an appeal to be heard, the parties must
follow certain appellate rules. This article discusses some of
the Florida appellate rules and the case law interpreting those
rules. This article, however, is not exhaustive, nor should be
it be construed as being legal advice or guidance. You should
not rely upon this article for making legal decisions.
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Generally, appeals can only be brought from
a "final" judgment. The final judgment is the trial
court's order, which leaves nothing left to be done in the action
except to follow the dictates of the judgment. See Allie v. Ionata,
503 So.2d 1237, 1240 (Fla. 1987) ("A final judgment is one
that determines the rights of the parties and disposes of the
case on its merits, leaving nothing more to be done in the cause
except execution."); Monticello Ins. Co. v. Thompson, 743
So.2d 1215 (Fla. 1st DCA 1999). If a party is dissatisfied by
a certain pre-trial ruling, the party must normally wait until
the trial is complete, and a final judgment has been rendered,
before an appeal may be brought. This is so all objections to
the trial court's rulings will be heard at one time. There are
certain exceptions to the final judgment rule, however, such as
when an order is entered by the trial court that affects a party's
finances like an interlocutory order for alimony. Please see the
section below entitled Interlocutory Appeals for more information
on appealing interlocutory orders.
An appeal must be brought within certain time
limitations or else the right to appeal will be waived. In Florida,
the time limit starts to run when the trial court enters the final
judgment. The appellant has 30 days from that date to file a Notice
of Appeal. See Fla. R. App. P. 9.110(b) (civil cases); Fla. R.
App. P. 9.140(b)(5) (criminal cases); Burkette v. Sharp, 752 So.2d
77, 78 (Fla.2d DCA 2000). If the notice is not filed in a timely
manner, the appellate court does not have jurisdiction to hear
the appeal, and it will be dismissed. See Macri v. La Coille,
710 So.2d 1389 (Fla. 5th DCA 1998), review denied, 727 So.2d 907
(Fla. 1999), and cert. denied, 120 S. Ct. 80, 145 L. Ed. 2d 674
(1999).
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The party taking the appeal, the appellant, then
has 10 days to file directions to the clerk and/or designations
to the reporter. See Fla. R. App. P. 9.200. The party opposing the
appeal, (the "appellee") has 10 days from the filing of
the Notice of Appeal to file a "cross appeal" if he or
she believes the trial court erred in failing to grant relief to
the appellee. If a cross appeal is filed, the party's are termed,
"appellant/cross appellee" and "appellee/cross appellant."
Cross-appeals are not discussed in this article.
The clerk prepares the record and submits it
to the appellate court within 50 days of the Notice of Appeal,
and the appellant's initial brief is due 70 days from the date
of the filing of the Notice of Appeal. Extensions of time are
liberally granted if the opposing side does not object. See Fla.
R. App. P. 9.110(e), (f); In Interest of M.M., 708 So.2d 990,
992 (Fla. 2d DCA 1998). The record before the Florida District
Court of Appeal consists of the pleadings, pre-trial motions and
a transcript of the trial testimony, including whatever exhibits
or rulings were entered during trial. See Fla. R. App. P. 9.200(a)(1).
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The parties' "appellate briefs" consist
of the written arguments of the appellant and the appellee that
are submitted to the appellate court prior to the parties' oral
arguments. For the appellate court to hear issues, the arguments
must have been raised in the court below. That is, the claimed errors
must have been brought to the trial court's attention while the
court still had the opportunity to take some corrective action.
A party must timely object when an error is made. If the trial attorney
did not object to the error during trial, it is said that the issue
has been "waived" on appeal. See J.L.A. v. State, 707
So.2d 380, 381 (Fla. 5th DCA 1998) (where no appropriate contemporaneous
objection was made, issue was not preserved for appeal).
After the parties have filed their appellate
briefs, the matter is scheduled for oral argument, although, in
some situations, appeals are decided on the briefs alone. That,
for example, is usually the procedure when a pro se prisoner brings
an appeal. Many pro se cases are disposed of on the briefs alone.
Appellate briefs in the Florida District Courts of Appeal are
not permitted to exceed 50 pages for the appellant's initial brief,
50 pages for the appellee's answer brief and 15 pages for the
appellant's reply brief. See Fla. R. App. P. 9.210(a)(5). Briefs
that go over the set page limit will be rejected, unless the court
permits an extension in the page limit. See Basse v. State, 740
So.2d 518, 519 (Fla. 1999) (initial and answer briefs shall not
exceed fifty pages unless court permits a longer brief). Most
appellate courts allow only a set number of minutes for oral arguments
and the time limitations are strictly enforced. See Fla. R. App.
Pro 9.320.
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Appellants are also limited by the standard of
review the appellate court employs. The term "standard of
review" refers to the level of deference that a reviewing
court gives to a lower court's rulings. The greater the deference,
the more difficult it will be to persuade the reviewing court
to find reversible error. The greatest deference is given to findings
of fact. This is because the trial judge or jury had the best
opportunity to observe the witnesses and judge their credibility,
first hand. Thus, findings of fact will not be found in error
unless the appellate court determines they are not supported by
competent, substantial evidence or are clearly erroneous. See,
e.g., Shaw v. Shaw, 334 So.2d 13, 16 (Fla. 1976) ("It is
not the function of the appellate court to substitute its judgment
for that of the trial court through re-evaluation of the testimony
and evidence from the record on appeal before it."); Smiley
v. Greyhound Lines, Inc., 704 So.2d 204, 205 (Fla. 5th DCA 1998)
("The findings of the trial court, as the trier of fact,
come to this court clothed with a presumption of correctness,
and where there is substantial competent evidence to sustain the
actions of the trial court, the appellate court cannot substitute
its opinion on the evidence but rather must indulge every fact
and inference in support of the trial court's judgment, which
is the equivalent of a jury verdict).
Questions that involve both law and facts, such
as evidentiary rulings, are also allowed a great deal of deference.
Once again, appellate courts respect the trial judge's ability
to observe the witnesses and to judge their credibility during
so-called "bench trials". Pure questions of law are
reviewed de novo and are therefore afforded the least deference.
See Florida Power Corp. v. Silver Lake Homeowners Ass'n, 727 So.2d
1149 (Fla. 5th DCA 1999).
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II.
Notes on the Florida Rules of Appellate Procedure.
A.
Jurisdiction.
1.
Supreme Court Jurisdiction.
The Florida Supreme Court has discretionary
jurisdiction to review decisions of a District Court of Appeal
that conflicts with other District Court opinions or that conflict
with Supreme Court precedent, Florida Rule of Appellate Procedure
9.030(a)(2)(A)(iv) and (vi), or passes upon issues of great public
importance. Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v)
Court also has discretionary jurisdiction to review trial court
Orders that are certified by the District Court to be in need
of immediate Supreme Court review and to be of great public importance,
Florida Rule of Appellate Procedure 9.030(a)(2)(B)(i), or will
have a great effect upon the proper administration of justice.
Florida Rule of Appellate Procedure 9.030(a)(2)(B)(ii).
2.
District Court Jurisdiction.
District Courts have jurisdiction to review final
trial court Orders that are not directly reviewable by the Supreme
Court or a Circuit Court. Florida Rule of Appellate Procedure
9.030(b)(1)(A). District Court may also has so-called "certiorari
jurisdiction", which is akin to New Jersey's interlocutory
review jurisdiction. Florida Rule of Appellate Procedure 9.030(b)(2).
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B.
Remedies.
If a party seeks an inappropriate remedy the
case shall be treated as if the appropriate remedy had been sought.
Florida Rule of Appellate Procedure 9.040(c).
C.
Amendments.
Materials may be amended in the interest of justice.
Florida Rule of Appellate Procedure 9.030(d).
D.
Assignments of Error.
Assignments of Error are not required or permitted.
Florida Rule of Appellate Procedure 9.030(e).
E.
Interrlocutory Appeals.
Florida Rule of Appellate Procedure 9.130 sets
forth various types of interlocutory court orders that may be
appealed as of right with a notice of appeal. The list of these
types of orders is set forth at Florida Rule of Appellate Procedure
9.130(a)(3)(C) et seq. Interlocutory appeals for matters not listed
there must be brought pursuant to a separate rule, Florida Rule
of Appellate Procedure 9.100 via Petition for Certification.
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F.
Petitions for Certification Per Florida Rule of Appellate Procedure
9.100.
1.
Time Limitations.
A Petition for Certification to a District Court
must be filed within 30 days of the Order sought to be reviewed.
Florida Rule of Appellate Procedure 9.100(c)(1).
2.
Naming of Parties in Petition.
All parties from the action below who are not
petitioners shall be named as respondents. Florida Rule of Appellate
Procedure 9.100(b).
3.
Contents of Petition.
The caption shall name all parties with proper
designations and shall not exceed 50 pages. It shall also contain
(1) the basis for the court's jurisdiction, (2) statement of facts,
(3) nature of relief sought, (4) legal argument. Florida Rule
of Appellate Procedure 9.100(g) et seq. The petition shall be
accompanied by an Appendix as prescribed by Florida Rule of Appellate
Procedure 9.220. Florida Rule of Appellate Procedure 9.100(g)
et seq.
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4.
Time for Responses and Replies.
A 50 page response is due within the time limitations
set forth by the court, Florida Rule of Appellate Procedure 9.100(j),
and the fifteen page reply is due either within 20 days of the
response or otherwise as set forth by the court. Florida Rule
of Appellate Procedure 9.100(k).
5.
Order to Show Cause.
The District Court may issue an Order to Show
Cause as required. Florida Rule of Appellate Procedure 9.100(h).
G.
Notice of Appeal Per Florida Rule of Appellate Procedure 9.130.
Action is commenced by filing a Notice of Appeal
within 30 days entitled a "Notice of Appeal of Non-Final
Order" using the format of Florida Rule of Appellate Procedure
9.900(c). A copy of the Orders complained of must be attached
to the Notice of Appeal. Florida Rule of Appellate Procedure 9.130(b)
and (c).
The record will not be transmitted to the court unless it is ordered.
Florida Rule of Appellate Procedure 9.130(b) and (d). Appellant's
brief is due within 15 days of filing the Notice of Appeal, with
Appendix prescribed by Florida Rule of Appellate Procedure 9.220,
and all other briefs are due as prescribed by Florida Rule of
Appellate Procedure 9.210. Florida Rule of Appellate Procedure
9.130(e).
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Multiple Orders may be reviewed under Florida
Rule of Appellate Procedure 9.130 providing that each Order is
one contemplated by Florida Rule of Appellate Procedure 9.130(a)(3)(C)
et seq., and the Notice of Appeal is timely filed as to each Order.
Florida Rule of Appellate Procedure 9.130(h).
H.
Appeals of Final Orders.
Florida Rule of Appellate Procedure 9.110 applies
to appeals of final orders, appeal of final orders in guardianship
actions, review of administrative action and orders that grant
new trials. Florida Rule of Appellate Procedure 9.110(a) et seq.
1.
Notice of Appeal.
A Notice of Appeal must be filed with the clerk
of the lower tribunal within 30 days of entry of the order sought
to be reviewed. Florida Rule of Appellate Procedure 9.110(b).
The Notice of Appeal shall be substantially in the form prescribed
by Florida Rule of Appellate Procedure 9.990(a). Florida Rule
of Appellate Procedure 9.110(d). The contents of the Notice of
Appeal are recited at Florida Rule of Appellate Procedure 9.110(d).
Copies of the Orders complained of must be attached to the Notice
of Appeal. Florida Rule of Appellate Procedure 9.110(d).
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2.
Preparation of the Record.
Within 50 days of filing the Notice of Appeal,
the lower court clerk shall have the record prepared and shall
provide a copy of the Index to all parties. Within 110 days, the
clerk shall have the record transmitted to the appeals court.
Florida Rule of Appellate Procedure 9.110(e).
3.
Time for Filing Briefs.
Appellant's brief is due within 70 days of filing
the Notice of Appeal and response and reply briefs shall be served
as prescribed by Florida Rule of Appellate Procedure 9.110(f).
4.
Cross-Appeals.
Notice of a cross-appeal may be filed within
10 days of the filing of the Notice of Appeal. No filing fee is
required. Florida Rule of Appellate Procedure 9.110(g).
5.
Suggestion of Certification to Supreme Court.
Within 10 days of filing the Notice of Appeal,
any party may file a Suggestion that the case be certified to
the Supreme Court. Florida Rule of Appellate Procedure 9.125(c).
A response to this Suggestion may be filed within five days. Florida
Rule of Appellate Procedure 9.125(d). It shall be limited to five
pages and comply with Florida Rule of Appellate Procedure 9.125(e)
et seq.
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H.
Formatting Requirements.
Double spacing, one-inch margins, footnotes and
quotes are single spaced in same size as other fonts, Times Roman
14 or Courier 12. All petitions must have a certificate of compliance
with this Rule that appears in the petition right after the certification
of service. Florida Rule of Appellate Procedure 9.100(l).
I.
Supreme Court Review.
Supreme Court review is governed by Florida Rule
of Appellate Procedure 9.120.
1.
Discretionary Review of District Court Orders.
Supreme Court discretionary review of a District
Court Order pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A),
is invoked by filing 2 copies of a notice with the District Court
clerk within 30 days of entry of the Order to be reviewed. Florida
Rule of Appellate Procedure 9.120(b). The Notice shall be in the
form of Florida Rule of Appellate Procedure 9.900 and its contents
are set forth at Florida Rule of Appellate Procedure 9.120(c).
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2.
Briefs on Jurisdiction.
Petitioner shall file his brief within 10 days
of filing the Notice, which shall be limited to the issue of the
court's jurisdiction, with an appendix being filed along therewith
containing only a copy of the District Court's Opinion. Respondent
shall file his brief within 20 days of service of petitioner's
brief. Formal requirements for all briefs is set forth at Florida
Rule of Appellate Procedure 9.210. No reply is permitted. No briefs
are filed if the question before the court has been certified
by the District Court pursuant to Florida Rule of Appellate Procedure
9.030(a)(2)(A)(v) or (a)(2)(A)(vi). Florida Rule of Appellate
Procedure 9.120(d).
3.
Merit Briefs.
Within 20 days of the Order accepting jurisdiction,
petitioner shall serve the initial brief on the merits. Additional
briefs shall be served as per Florida Rule of Appellate Procedure
9.210. Florida Rule of Appellate Procedure 9.120(f).
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J.
Briefs.
Briefing requirements are set forth at Florida
Rule of Appellate Procedure 9.210. The contents of the brief in
order is set forth at Florida Rule of Appellate Procedure 9.210(b).
An original and three copies are required for
District Court appeals, and an original and 7 copies for the Supreme
Court. Florida Rule of Appellate Procedure 9.210(g)(2) and (3).
Citiations must be pursuant to Florida Rule of Appellate Procedure
9.800. Florida Rule of Appellate Procedure 9.210(h).
K.
Oral Argument.
Before the last brief is due a party may submit
a Request for Oral Argument document. Florida Rule of Appellate
Procedure 9.320.
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NOTICE TO NON-ATTORNEYS
In order to retain these services you must either
be a licensed attorney or a pro se non-attorney who wishes to
retain us as a consultant to your attorney. Many parties choose
this option if they want to have a paralegal prepare conduct their
legal research at a significantly lesser rate than would be charged
by an attorney, providing that their attorney is amenable to such
an arrangement. We do not interfere with attorney-client relationships.
If you choose this option, our work product will
be provided to your attorney in an editable format via CD or e-mail.
If you pay us directly we will also serve you with a copy of the
work product. If you are pro se or pro per, we will prepare a
pro se brief and appendix for you that is ready to be signed and
submitted as-is, but you will need an attorney who will accept
a copy of the materials on your behalf.
If you retain us, you are technically retaining
us to prepare the brief and appendix for the attorney, not for
you, although the brief can be prepared as a pro se brief upon
request. We will not provide you legal advice. Although such an
arrangement allows us to provide you low cost brief writing and
legal research services, this only allows us to conduct your legal
research and prepare you a legal brief. It does not allow us to
provide you legal advice or counsel. Only a licensed attorney
may provide you legal advice.
Nothing on this website is or should be construed
as being legal advice. You should not rely upon any of the information
on this website in making a legal decision of any kind. You should
consult a licensed attorney before making legal decisions.
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