Appeals FAQ
Understanding the Appellate Process in Florida
If you believe a court made a legal error in your case, you may have the right to appeal. The
appellate process in Florida is highly technical and time-sensitive, making experienced legal
representation critical. Our Appeals FAQ explains what an appeal is, how it works, and what
you should know before pursuing one.
Information Sources
On this page
- The Law Offices of Travis R. Walker, P.A. Handles Florida Appeals
- What Is an Appeal?
- What Types of Court Decisions Can Be Appealed in Florida?
- What Are the Grounds for Filing an Appeal in Florida?
- How Long Do I Have to File an Appeal in Florida?
- What Is the Appellate Court Review Process?
- What Happens If I Win My Appeal?
- How Long Does an Appeal Take in Florida?
- Do I Need a Different Attorney for My Appeal?
The Law Offices of Travis R. Walker, P.A. Handles Florida Appeals
Our attorneys have the knowledge and experience to evaluate your case for appealable issues
and to advocate effectively before Florida’s appellate courts. We represent clients throughout
Treasure Coast, FL and surrounding areas in civil appeals. Below are commonly asked
questions about the appeals process in Florida.
What Is an Appeal?
An appeal is a formal legal process in which a higher court reviews the decision of a lower court
to determine whether a legal error occurred that affected the outcome of the case. An appeal is
not a new trial. The appellate court does not hear new testimony or consider new evidence.
Instead, it reviews the written record from the lower court proceedings and the legal arguments
presented in written briefs submitted by both parties.
What Types of Court Decisions Can Be Appealed in Florida?
In Florida, most final judgments in civil and criminal cases can be appealed to the appropriate
district court of appeal. Certain non-final orders can also be appealed if they fall within
categories recognized by the Florida Rules of Appellate Procedure, such as orders granting or
denying injunctions, orders on class certification, and others. Not every unfavorable ruling
qualifies for an immediate appeal.
What Are the Grounds for Filing an Appeal in Florida?
An appeal must be based on a specific legal error that occurred during the trial court
proceedings. Common grounds for appeal include:
proceedings. Common grounds for appeal include:
• The court made an error of law in applying legal standards or jury instructions
• The court improperly admitted or excluded evidence that affected the outcome
• There was insufficient evidence to support the verdict or judgment
• The court made a procedural error that prejudiced one party
• The judgment is contrary to the manifest weight of the evidence
• Constitutional violations occurred during the proceeding
• There was insufficient evidence to support the verdict or judgment
• The court made a procedural error that prejudiced one party
• The judgment is contrary to the manifest weight of the evidence
• Constitutional violations occurred during the proceeding
How Long Do I Have to File an Appeal in Florida?
Time is critical in appellate cases. In most civil cases in Florida, you have 30 days from the date
the final judgment is rendered to file a Notice of Appeal. Missing this deadline will almost
certainly result in losing your right to appeal entirely. If you believe you have grounds for an
appeal, you should contact an attorney immediately after your case concludes.
What Is the Appellate Court Review Process?
After the Notice of Appeal is filed, the appellate process proceeds through several stages. First,
the record on appeal is assembled from the trial court and transmitted to the appellate court.
The appellant (the party appealing) then files an initial brief presenting their legal arguments.
The appellee (the opposing party) files an answer brief. The appellant may file a reply brief. Oral
argument may be requested or granted at the court’s discretion. The appellate court then issues
a written opinion affirming, reversing, or remanding the case.
What Happens If I Win My Appeal?
If the appellate court reverses the lower court’s decision, it may order a new trial, direct the
lower court to enter judgment in your favor, or remand the case with specific instructions for
further proceedings. The outcome depends on the nature of the error found by the appellate
court. In some cases, a reversal results in a significantly different outcome; in others, the trial
court reaches the same result after correcting the identified error.
How Long Does an Appeal Take in Florida?
The appellate process in Florida typically takes 12–24 months from the filing of the Notice of
Appeal to a final decision, though complex cases can take longer. Briefing schedules, oral
argument scheduling, and the court’s docket all affect timing.
Do I Need a Different Attorney for My Appeal?
While your trial attorney may also handle your appeal, many clients benefit from engaging an attorney who focuses specifically on appellate work. Appellate practice is a highly specialized area requiring different skills than trial work, including the ability to identify and articulate legal errors persuasively in written briefs. Our firm can evaluate your case and advise you on the
strongest arguments for appeal.
If you believe your case was decided incorrectly, contact The Law Offices of Travis R. Walker, P.A. today for an evaluation of your appellate options.
