Below are some frequently asked Appellate questions.
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How long do I have to file an appeal?
- Generally in Florida for State appeals you have 30 days to file a notice of appeal from the date of entry of a final judgment. Generally, in Federal civil appeals one also has 30 days from entry of the order appealed from. There are some exceptions and some shorter timelines under both the Florida and Federal guidelines, so the timeline for each case needs to be determined based on the facts and circumstances of that case.
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What are the filing fees for filing an appeal?
- In Florida courts, the filing fee for appealing is usually $300, and the federal filing fee for appealing in the 11th Circuit court of Appeal is $505, but again there are some different fees that may apply, for example the fee for a cross appeal is $295 in Florida Cases, so review the requirements for your case carefully.
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What does it cost to pursue an appeal?
- The cost to pursue an appeal can vary widely, depending of the size of the record, arguments raised, related motions on appeal, grant of oral argument, etc. In our experience the minimum expended to file an appeal and pursue it to a final resolution is usually $15,000, but depending on the complexity of the appeal and the court it is filed in, can be hundreds of thousands of dollars. Most Florida appeals are probably in the 30-60 thousand dollar range. Don’t forget that is is often possible to shift the cost of the appeal to the losing party if you prevail, based on statutory or contractual provisions.
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Do you handle appeals on a contingent fee basis?
- Sometimes, but there needs to be a substantial likelihood of of success and enough money at stake for us to justify handling a case on a contingent basis. If you won a contingent fee case at the trial level, we will usually defend that case on appeal when you have good grounds, if challenged, for a 5% fee, as long as the trial win is significant enough to justify an appeal.
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What is your hourly rate for appellate work?
- Our normal minimal hourly rate is $365, but may be more depending on the matter and court involved.
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In what Appellate cases can fees be shifted to the losing party?
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When is oral argument granted in a case?
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When do briefs have to be filed in an appellate case?
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How long are briefs in an appellate case?
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What are jurisdictional briefs?
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How many Judges hear my case?
- Unless you are at a supreme court, usually 3 judges will hear an appeal.
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How often are cases reversed on appeal?