Appeals - Overview of the Appellate Process

Overview of the Appellate Process | Administrative Appeals | Extraordinary Writs | The Florida Supreme Court

An appeal of a legal case begins with the filing of a Notice of Appeal. This document is filed by you or your attorney in the trial court which issued the decision to be appealed. A Notice of Appeal usually must be filed within 30 days of the decision to be appealed. You have the right to appeal all final orders, as well as certain types of non-final orders.

Once the Notice is filed, the Clerk of Courts prepares a record which the appellate court will review to determine whether the decision of the trial court was correct. The record consists of documents and pleadings filed in the trial court case, as well as exhibits, transcripts of trials or hearings, and other things which are helpful in allowing to the appellate court to fully understand what happened in the trial court, such as physical exhibits.

The party filing the appeal, called the "Appellant," submits to the appellate court a document called a "brief." In the brief, the appellant explains to the appellate court what happened in the trial court and why he or she believes the trial court made the wrong legal decision. References are made to the record, and the appellant will cite other cases from the appellate courts or the Supreme Court which support his or her position. The appellant tries to persuade the court that the trial judge was wrong and that the decision should be reversed.

The party opposing the appeal, called the "Appellee," then files an answer brief, in which he or she responds to the arguments made by the appellant. The appellee will cite cases and statutes which support the decision made by the trial judge, and attempt to persuade the appellate court that the trial judge was correct and that the decision should be left alone, or affirmed.

After the answer brief is filed, the appellant has the option of filing a reply brief, which addresses the arguments made by the appellee. No other pleadings are allowed after the reply brief.

Either side in the appeal may request that the appellate court have "Oral Argument," in which the attorneys appear in person before the appellate court to argue their case and answer questions directly from the appellate judges. In some Districts, oral argument is automatically granted, while other Districts will allow oral argument only when one of the judges sees a special need for it. The District courts can order oral argument even if neither attorney has requested it.

Once all the briefs are filed and argument is over, the appellate court issues a written decision resolving the appeal. The decisions of the trial judge are either affirmed, reversed, or partly reversed and partly affirmed. If any part of the decision is reversed, the case will be sent back to the trial judge for the appropriate action.