The appeals process in Florida is complicated, and an understanding of the Florida Rules of Appellate Procedure and the Federal Rules of Civil Procedure is necessary to handling the case in the most effective manner possible. Our legal team is extremely familiar with the rules governing the appellate process in Florida, as well as with relevant case law that could affect the outcome of your case.
Florida’s Appellate Court Structure
Appeals in Florida are usually heard by the District Court of Appeals. This includes cases tried in the Circuit Courts, which handle commercial suits, family law matters as well as probate matters, and guardianship. Decisions handed down from the County Courts, which typically handle small claims cases, are usually appealable to the Circuit Court, which is made up of appellate panels presided over by three Circuit judges.
There are five District Courts of Appeal in Florida located in:
- West Palm Beach; and
- Daytona Beach.
If you lose an appeal to the District Court of Appeal, you can ask the Florida Supreme Court to hear the case, although it will generally only do so in specific circumstances.
Federal Appellate Structure
Most federal cases are tried in a United States District Court. Parties who do not prevail in federal District Court have the right to appeal to a United States Court of Appeals, of which there are thirteen. The courts are located throughout the country, and each hears cases from the District Court in its immediate vicinity. Florida is in the Eleventh Circuit., headquartered in Atlanta, Georgia
The thirteenth United States Court of Appeals is in Washington D.C., and has jurisdiction over appeals in specific cases, including those involving patent and trademark issues, decisions from the United States Court of Federal Claims, the United States Court of Appeals for Veterans Claims, and the United States Court of International Trade.
When someone loses an appeal in a Court of Appeals, he or she can request that the United States Supreme Court hear the case. Most cases that the Court agrees to hear involve federal legal issues, a dispute of great public importance, a ruling by the lower court finding a federal statute unconstitutional, and issues interpreting the Constitution.
Contact Us Today
If you were involved in a legal proceeding in Key West, Florida, and are interested in attempting to appeal the decision, please call the Silver Law Group at (305) 664-3363 to receive an initial consultation.