How does the appeals process work in Florida Courts?
There are five Florida District Courts of Appeal, which are higher courts that hear cases from Florida Circuit Courts. The appeals attorney begins by filing a Notice of Appeal with the trial court and must file within the appellate deadline. The appeals lawyer creates a written document referred to as a brief, which in its simplicity contains the following basic elements: • Statement of the case • Argument (judicial errors made by the trial court) • Conclusion (statement of desired outcome) A panel of three judges will determine the appeal. The lawyer may file a request for oral argument, which typically allows each side 20 minutes to address the court and respond to judicial questioning. The District Court of Appeal will render its decision in writing, which is called a mandate, and may or may not provide the legal reasoning that led to its decision, which is referred to as the appeal court’s opinion.
