Appeals

• Is there a time limit for filing an appeal?
   
• How long does an appeal take?
   
• Will I be able to tell the Appellate judges what really happened and what happened since the appeal?
   
• Can you tell me my chances of winning on an appeal?
   
• Can all orders be appealed?
   

Is there a time limit for filing an appeal?

Yes, an appeal must be filed within 30 days from the date of rendition of an order. The date of rendition is the date that the clerk files the order. This date may be later than the date on which the judge signed the order.

How long does an appeal take?

Generally, six to eight months will elapse before an opinion is received. In the First District Court of Appeal, appeals concerning children are supposed to be expedited. However, it has been my experience that it usually takes more than six months to receive the court's written opinion.

Will I be able to tell the Appellate judges what really happened and what happened since the appeal?

No. The three appellate judges assigned to the case will be provided only a record on appeal consisting of the motions and orders filed, the exhibits entered and a transcript of the proceedings. There will be no new testimony or new evidence allowed. Sometimes the Record on Appeal can be supplemented if some item presented to the trial judge is for some reason missing from the record.

Can you tell me my chances of winning on an appeal?

No. I can give you my general opinion, but it must be understood that each case depends on unique facts. Appeals of final orders rendered in the First District are handled by the fifteen judges of the First District Court of Appeal in Tallahassee. Three judges are assigned to each case. If there is an alleged error of law, then the chances of success are higher than if the issue is a matter of discretion. An example of an error of law would be a judge awarding permanent alimony that is to be continued despite a former spouse's subsequent remarriage. There is no room for discretion in such matters. An example of an issue of discretion would be whether permanent alimony should be awarded or the amount of permanent alimony. The standard of review for discretionary decisions is the reasonable man standard. If reasonable men could agree with what the trial judge did, then the trial judge's order will be affirmed. When the judge makes a decision with regard to disputed facts, the judge's decision will be supported by the Appellate Court if there is a basis in the record supporting the trial judge's decision. There is a presumption that because the trial judge was physically present and had the advantage of personally assessing the demeanor of the parties and the witnesses, the trial judge had a better opportunity to make such decisions and the trial judge's decisions are not lightly overturned.

Can all orders be appealed?

There are a number of different forms of appeals. A final judgement of divorce, for example, is a final order that is appealable. A temporary order awarding custody is a non-final order that is appealable in an interlocutory proceeding. Orders concerning recusal and orders on discovery issues are appealable by filing a Petition for Writ of Certiorari.