Frequently Asked Questions About Florida Appeals

Below are answers to questions we are most often asked about appeals in Florida. They are general explanations, not legal advice for your specific situation. For a fuller treatment, see our overview of the Florida appellate process, and contact us to discuss your case directly.

What is an appeal?

An appeal is a request that a higher court review a lower court's decision for legal error. The appellate court examines the record and the parties' written arguments to decide whether the trial court made a mistake serious enough to change the result. It is a review of what already happened, not a fresh proceeding.

Is an appeal a new trial?

No. There are no new witnesses, no new evidence, and no jury. The appellate court is confined to the record made in the trial court. It decides whether the law was applied correctly and whether the findings are supported by the evidence already in the record — it does not retry the facts.

How long do I have to file an appeal?

In most Florida cases, a notice of appeal must be filed within 30 days of rendition of the order or judgment. This deadline is jurisdictional, which means it cannot be extended once it passes. Missing it almost always ends the right to appeal, so it is important to act quickly.

Can I introduce new evidence on appeal?

Generally, no. The appellate court reviews only what was presented to the trial court. If something is not in the record, the court will not consider it. This is why preserving issues and building a complete record during the trial-court proceedings is so important.

What are my chances of winning?

It depends entirely on the case. Most judgments are affirmed, and reversal rates are generally low, because an appeal succeeds only where there is a genuine, preserved legal error that affected the outcome. The honest answer for any particular case comes only after reviewing the record and identifying whether such an error exists. We give a candid assessment rather than an optimistic guess. See our discussion of grounds for appeal.

How long does an appeal take?

A typical Florida appeal often takes somewhere in the range of 12 to 24 months from the notice of appeal to a decision, depending on the size of the record, the complexity of the issues, whether oral argument is held, and the court's calendar. Some appeals are faster and some are slower.

How much does an appeal cost?

The cost depends on the size of the record, whether transcripts are needed, the complexity of the issues, and whether a bond is required to stay enforcement. We explain the categories of expense in detail on our page about the cost of an appeal, and we discuss fees candidly at the outset.

Can I appeal before the case is over?

Sometimes. While most appeals wait for a final judgment, Florida allows immediate non-final appeals of certain interlocutory orders under Rule 9.130, and a petition for writ of certiorari may be available for some other harmful orders. Whether you can appeal now depends on the specific order.

Does filing an appeal stop enforcement of the judgment?

Not automatically. Filing a notice of appeal does not, by itself, halt enforcement. To stop collection of a money judgment or prevent other action while the appeal is pending, you generally need a stay, which for a money judgment is typically obtained by posting a bond under Rule 9.310.

What happens if I win the appeal?

It depends on the error. The appellate court may reverse and direct entry of a different judgment, or — more commonly — reverse and remand the case to the trial court for further proceedings consistent with its opinion, such as a new trial or reconsideration of an issue under the correct legal standard. Winning an appeal does not always mean the case is immediately over.

Do I need an appellate attorney, or can my trial lawyer handle it?

Appellate work is a distinct discipline. It turns on close reading of a cold record, command of the standards of review, and persuasive written advocacy — skills different from those used at trial. Many trial lawyers bring in dedicated appellate counsel, and a fresh set of eyes on the record can also help identify the strongest issues. We handle appeals as our focus and frequently work alongside trial counsel.

Speak With a Florida Appellate Attorney

If you have a question that is not answered here, or you want your case evaluated, contact the Law Offices of Albert Goodwin, PA at 786-522-1411 or email@lawyergoodwin.com, or visit our contact page.