Summary
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An appeal is a legal process that allows you to have the decision of a trial court reviewed by an appellate court. The goal of an appeal is to determine whether a legal error made by the trial court affected the outcome of your case.
Who can file an appeal?
- The party can file an appeal on its own.
- An appellate lawyer representing the party can file an appeal.
It is important to understand that an appeal is not a new trial. Also, no new evidence is presented.
An appeal can be filed on the following grounds:
- Legal errors by the trial court
- Improper jury instructions
- Evidentiary rulings
- Sentencing errors
- Constitutional violations
The following table shows the possible outcomes of an appeal:
| Outcome | Description |
| Affirmed | Decision stands |
| Reversed | Decision overturned |
| Remanded | New trial or correction of a specific error |
| Modified | Part of decision changed |
| Vacated | Ruling nullified and rendered invalid |
| Dismissed | Appeal rejected |
Table 1: Possible outcomes of an appeal
Florida Appeal Timeline
It is important to understand the Florida appeal timeline as the process involves strict deadlines.
Filing the Notice of Appeal
You have 30 days to file a Notice of Appeal from the final judgment or order.
Preparation of the Record
After receiving the Notice of Appeal, a trial court clerk prepares the official record of the appeal. The record includes orders, transcripts, and other documents relevant to your case. The record is then sent to the appellate court.
Briefing Schedule
A judge or panel of judges in the appellate court reviews written arguments called briefs. The appellant files the initial brief explaining the trial court’s legal errors and their effects on the outcome. The appellee files an answer brief to respond to the appellant’s arguments. The appellant files a reply brief to address the answer brief.
Oral Argument
While not guaranteed, if the court grants oral argument, it will schedule a date.
Decision
After reviewing the record and briefs, the appellate court issues one of the decisions as shown in Table 1.
Florida Courts of Appeal
Florida has a two-tier appellate structure:
- District Courts of Appeal (DCAs)
- Florida Supreme Court
Florida has six District Courts of Appeal, each with its own panel of judges (typically three-judge panels) that reviews cases from its district. The DCAs have the authority to affirm, reverse, remand, or modify lower court decisions, and their decisions can be appealed to the Supreme Court of Florida. By reviewing appeals, these courts help ensure that justice is served in Florida’s judicial system.
Appeals in the Florida Supreme Court
The Florida Supreme Court is the highest court in the state of Florida. It has limited jurisdiction defined by the Florida Constitution.
Mandatory Jurisdiction
The Court must review the following cases:
- Death Penalty
- Constitutional/Statutory Validity
- Bond Validation
Discretionary Jurisdiction
The Court may choose to review DCA decisions:
- Conflicting with another DCA decision or a prior Florida Supreme Court decision
- Interpreting a part of Florida’s Constitution or the United States Constitution
- Affecting a class of constitutional or state officers
- Declaring Florida law or part of the Florida Constitution valid
Florida Appeals Lawyers
The role of Florida appeals lawyers is to help clients navigate the complex legal system in order to obtain the best possible outcome in a case. These lawyers are experts in appellate law and specialize in researching and arguing cases before the Florida DCA and the Supreme Court.
Brownstone Law Handles Appeals in Florida
At Brownstone Law Firm, Robert Sirianni specializes in criminal appeals in the state of Florida. With extensive experience and knowledge in the field, Robert Sirianni has successfully represented clients in numerous criminal appeals cases. He understands the complexities of Florida’s legal system and is dedicated to providing high-quality legal services to his clients.
Robert Sirianni is highly knowledgeable about all aspects of criminal appeals, including filing an appeal, researching case law, and arguing before a court. He works diligently to ensure his clients receive the best possible outcome in their cases. Whether it’s a death penalty case or a misdemeanor conviction, Robert Sirianni will do everything he can to help you get justice for your situation.
Contact Brownstone Law and our Florida appeals lawyer to discuss your case at (407) 388-1900.
Frequently Asked Questions
1.How long do I have to file an appeal in Florida?
You must file a Notice of Appeal within 30 days from the date the final judgment or order is rendered.
2. Can I present new evidence during an appeal?
You cannot present new evidence as an appeal is not a new trial.
3.What types of cases can be appealed in Florida?
You can file an appeal for most final judgments or orders in civil and criminal cases.
4.Can I file an appeal without a lawyer?
You don’t need a lawyer to file an appeal. However, appellate law is complex. Having a lawyer is in your best interests.
5.How long does a Florida appeal usually take?
Depending on the complexity of the case, it may take several months to over a year to reach a final decision.
