Appeals

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

An appeal is a legal action that asks a higher court to review some action taken by a trial court to determine if the actions of the trial court were legally correct. If you have a legal case and a judge makes a decision that you or your attorney think is legally wrong, you can appeal the decision to a higher court in the hope that the higher court will reverse the decision of the trial judge.

Florida has four levels of State courts. County Courts hear trials in criminal misdemeanor cases, traffic cases, small claims cases, tenant evictions, and other types of civil lawsuits where the amount of money at issue is less than $15,000.00. There is one County Court in each of Florida's 67 counties.

Circuit Courts hear all other types of cases at the trial level, including criminal felony cases, family law cases, probate cases, and civil lawsuits where more than $15,000 is at issue. There are 20 Circuit Courts in Florida, and the Circuit Courts hear appeals from the County Courts.

The District Courts of Appeal are not trial courts, they hear only appeals of cases from the Circuit Courts. There are five District Courts of Appeal in Florida.

Finally, the Florida Supreme Court, consisting of seven justices, hears special types of cases including cases which challenge the Constitutionality of laws, death penalty appeals, certain special appeals from the District Courts of Appeal, and other specialized matters.

In addition to the State courts, there are also three levels of Federal courts in the United States. The Federal District Courts are trial courts, hearing special types of cases such as civil rights matters, bankruptcy cases, and Federal crimes like drug smuggling or skyjacking.

Above these courts are the Federal Circuit Courts of Appeal, which hear appeals from the Federal District Courts. There are 11 Circuit Courts of Appeal.

Finally there is the U.S. Supreme Court, sitting in Washington, DC. The U.S. Supreme Court hears appeals from the Circuit Courts of Appeal, and other very specialized cases.

In addition to handling appeals of judicial decisions, there are other types of appellate matters with which we can help you. Administrative appeals involve the appeal of decisions made by governmental agencies acting in a "quasi-judicial capacity." These include County Commissions, Zoning Boards, and other permitting agencies. Appeals of decisions by these agencies are done by petition for Writ of Certiorari to the Circuit Court. Finally, we can assist you with extraordinary writs such as Writs of Habeas Corpus, Prohibition, and Mandamus.