Below are answers to some frequently asked questions about appeals in Florida and federal courts. They are general information, not legal advice; the rules that apply to your case depend on its facts.
How long do I have to file an appeal?
Generally, in Florida state court appeals you have 30 days to file a notice of appeal from rendition of the final order, which is when the signed, written order is filed with the clerk. An authorized and timely motion such as a motion for rehearing or for a new trial delays rendition until the motion is withdrawn or decided. Generally, in federal civil appeals you have 30 days after entry of the judgment or order appealed from, or 60 days if the United States, a federal agency, or a federal officer or employee sued in connection with official duties is a party. There are some exceptions and some shorter timelines under both the Florida and federal rules, so the timeline for each case needs to be determined based on the facts and circumstances of that case.
Can I appeal before my case is over?
Sometimes. The nonfinal orders listed in rule 9.130, such as orders on venue, injunctions, personal jurisdiction, immediate possession of property, certain family-law rulings, class certification, immunity, and arbitration, can be appealed within 30 days. Other nonfinal orders can be reviewed before the end of the case only by a petition for an extraordinary writ, usually certiorari, filed in the appellate court within 30 days, and certiorari is granted only when the order departs from the essential requirements of law and causes harm that cannot be corrected on appeal from the final judgment. Everything else waits for the final order, when earlier rulings can be raised.
What are the filing fees for filing an appeal?
In Florida’s District Courts of Appeal, the filing fee for an appeal is usually $300, and the fee for a cross-appeal is $295. In the U.S. Court of Appeals for the Eleventh Circuit, the fee for a notice of appeal is $605, paid in the district court. Other fees may apply, so review the requirements for your case carefully.
What happens to the judgment while my appeal is pending?
An appeal does not by itself stop collection. The party appealing can ask the trial court for a stay, which may be conditioned on a bond. A judgment solely for money is stayed automatically when the appellant posts a good and sufficient bond equal to the judgment plus twice the statutory rate of interest in effect when the judgment was filed. When the State or a public body appeals, the notice of appeal itself usually operates as a stay.
What does it cost to pursue an appeal?
The cost to pursue an appeal can vary widely, depending on the size of the record, arguments raised, related motions on appeal, whether oral argument is granted, and other factors. 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, the cost can be hundreds of thousands of dollars. Most Florida appeals are probably in the $30,000 to $75,000 range. Don’t forget that it is often possible to shift the cost of the appeal to the losing party if you prevail, based on statutory or contractual provisions.
Do you handle appeals on a contingent fee basis?
Sometimes, but there needs to be a substantial likelihood 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, and the judgment is challenged on appeal, we will usually defend it for a 5% fee when you have good grounds, as long as the trial win is significant enough to justify an appeal.
What is your hourly rate for appellate work?
Our usual minimum hourly rate is $500, but the rate may be higher depending on the matter and the court involved.
In what appellate cases can fees be shifted to the losing party?
Usually only when a contract or a statute allows it. If a contract lets one party recover attorney fees for enforcing it, section 57.105(7), Florida Statutes, allows the court to award fees to the other party as well when that party prevails. Some statutes provide for fees in particular kinds of cases; for example, in an appeal of agency action, section 120.595(5), Florida Statutes, lets the court award fees to the prevailing party if the appeal was frivolous, meritless, or an abuse of the appellate process, or if the agency action was a gross abuse of the agency’s discretion. In a Florida appeal, a motion for appellate attorney fees generally must be served no later than the time for serving the reply brief. The Attorney Fees page on our main site explains more.
When is oral argument granted in a case?
In Florida’s appellate courts there is no right to oral argument. A party may ask for it in a separate request, served in an appeal no later than 15 days after the last brief is due, and the court decides whether to hear argument; when it does, each side usually has 20 minutes. In the federal courts of appeals, oral argument must be allowed unless a panel of three judges agrees unanimously that it is not needed, for example because the appeal is frivolous or the briefs and record adequately present the facts and legal arguments and argument would not significantly aid the decision.
When do briefs have to be filed in an appellate case?
In a Florida appeal from a final order, the appellant’s initial brief must be served within 70 days of filing the notice of appeal. The answer brief must be served within 30 days after service of the initial brief, and the reply brief, if any, within 30 days after service of the answer brief. Appeals of nonfinal orders move faster: the initial brief must be served within 20 days of filing the notice.
How long are briefs in an appellate case?
In Florida’s appellate courts, computer-generated initial and answer briefs are generally limited to 13,000 words and reply briefs to 4,000 words; briefs on jurisdiction are limited to 2,500 words. In the federal courts of appeals, a principal brief is generally limited to 13,000 words and a reply brief to half that.
What does the appellate court look at? Can I present new evidence?
The appellate court decides the appeal on the record made in the trial court: the pleadings, the evidence admitted, the transcript, and the orders. No new evidence or testimony is taken, and an argument that was not made below usually cannot be made for the first time on appeal. The court asks whether the trial court made a legal error on that record, not whether it would have decided the case differently.
What is the standard of review?
The standard of review is how much deference the appellate court gives the trial court on each issue. Questions of law, such as the meaning of a statute or contract, are reviewed de novo, with no deference. Discretionary rulings, such as most evidentiary and procedural rulings, are reversed only for an abuse of discretion. Findings of fact stand if they are supported by competent, substantial evidence. The standard that applies to each issue is one of the first things an appellate lawyer determines, because it shapes the odds.
What are jurisdictional briefs?
A jurisdictional brief asks the Florida Supreme Court to accept a case for review. Most of the Court’s review of District Court of Appeal decisions is discretionary and is available only for certain decisions, such as those that expressly declare a state statute valid, expressly construe a provision of the state or federal constitution, or expressly and directly conflict with a decision of another District Court of Appeal or of the Supreme Court on the same question of law. The party seeking review files a notice within 30 days of rendition of the decision and serves a brief limited to the Court’s jurisdiction within 10 days after filing the notice; the brief may not exceed 2,500 words, and no reply brief is permitted. If the Court accepts jurisdiction, the parties then file briefs on the merits.
How many judges hear my case?
In Florida’s District Courts of Appeal, three judges consider each case, and two must agree to decide it. The Florida Supreme Court has seven justices; five make a quorum, and four must agree to decide a case. In the U.S. Court of Appeals for the Eleventh Circuit, cases are heard by panels of three judges unless the full court hears a case en banc. The U.S. Supreme Court has nine justices.
What can the appellate court decide?
The court can affirm the order, often without a written opinion (a “per curiam affirmance”), reverse it, reverse in part, or send the case back to the trial court with directions for further proceedings, which can include a new trial. It can also certify a question of great public importance or a conflict to the Florida Supreme Court. A reversal usually does not end the case; it sends it back to be decided correctly.
How often are cases reversed on appeal?
Not often. A 2025 Florida Bar Journal article reported that in 2023, 12.4 percent of private civil appeals decided on the merits in the federal courts of appeals, and 10.6 percent in the Eleventh Circuit, were reversed, and that the Third and Fourth District Courts of Appeal granted some relief in about 20 percent of the 2023 decisions posted on their websites. The authors estimated the baseline chance of getting some form of relief on appeal at somewhere between 10 and 20 percent. That is why a candid evaluation of your case before you appeal matters.
What happens if I lose the appeal?
Within 15 days of the decision, the losing party may move for rehearing, clarification, certification, or a written opinion. A motion for rehearing must identify points of law or fact the court overlooked or misapprehended and may not raise new issues. A decision of a District Court of Appeal is usually final: apart from a decision declaring a statute or constitutional provision invalid, which may be appealed as of right, the Florida Supreme Court reviews only certain decisions, such as those that expressly construe the constitution or expressly and directly conflict with another appellate decision, and a per curiam affirmance without opinion generally is not reviewable there. If a federal question was decided, a petition for certiorari to the U.S. Supreme Court is due within 90 days.
How long does an appeal take?
The rules set the schedule for the first four months: the record within 60 days of the notice of appeal, the initial brief at 70 days, the answer brief 30 days later, and the reply 30 days after that. Extensions are common. The courts’ time standard is a decision within 180 days after oral argument or submission of the case. In practice, most appeals take about a year from the notice of appeal to the decision, and longer if there is oral argument, a motion for rehearing, or further review.
Do I need a lawyer to appeal?
An individual may appeal without a lawyer, but the same rules apply: the record must be designated and paid for, the brief must follow the formatting and citation rules, and an argument that was not preserved below usually cannot be made. A corporation, limited liability company, or other business entity must appear through a lawyer, and a person who is not a lawyer cannot file papers or argue for anyone else, even a family member; doing so is the unlicensed practice of law. Most appeals are decided on the briefs, so the quality of the writing matters more than at trial. The first thing an appellate lawyer does is tell you whether the appeal is worth bringing at all.
Have a question that is not answered here? Call 850-270-1178 or send us a message from the Contact Us page.