
When a court decision doesn’t go your way, it’s natural to feel frustrated and uncertain about your options. In Florida, you can challenge a ruling through an appeal, which reviews whether legal errors impacted the outcome. Whether in civil, family law, or criminal cases, knowing when and how to appeal can make a significant difference.
In July 2024 alone, Florida’s appellate courts handled over 13,000 submissions across its six District Courts and the Florida Supreme Court, reflecting how often cases are reviewed at higher levels.
Let’s go through this post to understand when you should challenge a court decision, the Florida-specific rules to follow, and how professionals can guide you through the process
Challenging a court decision refers to appealing a trial court’s judgment to a higher court, asking them to review the lower court’s ruling for errors.
Appeals are not about retrying the case or presenting new evidence, but focus on whether the law was applied correctly or if any procedural mistakes affected the outcome. This process is crucial for ensuring justice and fairness, but requires careful timing and approach.
Florida’s appellate rules have some distinctive features that set them apart from other states:
Strict Filing Deadline:
In Florida, you must file a Notice of Appeal within 30 days of the trial court’s final order. This deadline is firm, with no extensions allowed for excuses like attorney oversight, meaning missing it can forfeit your right to appeal.
Appellate Court Structure:
Florida has six District Courts of Appeal, each covering different geographic areas. Knowing your correct district is key, as all appeals start in these courts before potentially reaching the Florida Supreme Court.
Scope of Review:
Florida appellate courts review only legal errors. They do not reassess factual findings from the trial level. If the procedure or interpretation of the law impacted the judgment, that is grounds for an appeal.
Motions for Rehearing:
If you lose on appeal, Florida allows filing a motion for rehearing, challenging the appellate court’s decision to reconsider, but only on points already raised during the appellate process.
Clear Legal Error: If the court misapplied or misinterpreted the law, or if legal procedures were not followed properly, challenging the decision is advisable.
Significant Outcome at Stake: When a case outcome involves substantial financial stakes, custody of children, or critical rights, filing an appeal may be necessary.
Trial Was Unfair: For example, if evidence was improperly admitted or excluded, or if the jury instructions were flawed, an appeal might correct these errors.
Complex Cases Needing Expert Handling: Legal issues such as healthcare fraud, white-collar crime, or constitutional matters often require specialized skills from appellate litigation firms familiar with Florida’s appellate courts.
A litigation and appeals lawyer in Florida guides clients through this complex process. Their role includes:
Reviewing the trial court record for errors
Advising on the likelihood of success
Drafting persuasive appellate briefs following Florida’s strict procedural rules
Representing clients during appellate hearings
Ensuring compliance with unique Florida rules, such as timely filing and brief formatting
Understanding the specific duties and expertise of such lawyers helps set realistic expectations for the appeal process.
Besides appeals, litigation lawyers represent clients throughout a case, from filing lawsuits through trial and possible appeals.
Their goal is to advocate for clients’ rights, negotiate settlements, and ensure legal processes are fair and just. This comprehensive approach ensures foundational errors are minimized, reducing the need for appeals.
Florida’s high volume of appellate filings requires timely and precise action. The creation of Florida’s Sixth District Court of Appeal in 2023 reflects the growing caseload and the need to ease appeals processing. Additionally, Florida appellate courts may issue opinions or sometimes a per curiam affirmance, which lacks detailed reasoning, complicating motions for rehearing.
Given these complexities, working with experienced appellate litigation firms familiar with Florida’s evolving rules and procedures is crucial for success.
Challenging a court decision in Florida involves strict deadlines, procedural rules, and legal expertise. Appeals focus on legal errors, not factual disagreements. Understanding when to appeal and following Florida's specific procedures is crucial.
Acting quickly and consulting an experienced appellate lawyer can significantly impact the outcome of your case.