When a trial has concluded and a verdict rendered by a judge or jury, the judgment must be formalized in writing by the court. Though the judgment is in, all is not lost. An appeals attorney may file a post-trial motion leading to an appeal of the case. Appealing post-judgment orders is by law the path to appellate review under Florida Rule 9.130(A)(4). The following is a thumbnail description of the basic process. The rule should be studied for more detailed information.
Rules of Appellate Procedure
The rules as stated in Florida Rule 9.130(A)(4) are complex and deserve careful legal scrutiny. An appeals attorney familiar with the laws and their consequences is an integral part of an appeals process. Failing to meet the requirements to the letter, the appeal is likely to be dismissed. An example is the timing of the filing. Should a claim be filed before the rendition of a final order, the appeal is subject to dismissal. Refiling may be prohibited or delayed, depending upon rule restrictions.
Post-Judgment Appeal Filing Steps
Commencement. Notice of appeal is filed for review with the court clerk together with filing fees within 30 days of the original judgment. Notice of appeal is in the form prescribed by rule 9.900(a) with parties and original case number.
Record. Within 50 days of filing the notice, the clerk shall prepare the record prescribed by rule 9.200 and serve copies of the index to all parties. Within 110 days of filing the notice, the clerk shall electronically transmit the record to the court.
Briefs. The Appellant’s initial brief shall be served within 70 days of filing the notice. Additional briefs shall be served as prescribed by rule 9.210.
Cross-Appeal. An appellee may cross-appeal by serving notice within 10 days of service of the appellant’s timely filed notice of appeal, or within the time prescribed for filing a notice of appeal, whichever is later.
Exception; Bond Validation Proceedings. If the appeal is from an order in a proceeding to validate bonds or certificates of indebtedness, the record shall not be transmitted unless ordered by the supreme court.
Exception; Appeal Proceedings from District Courts of Appeal. If the appeal is from an order of a district court of appeal, the clerk shall electronically transmit the record to the court within 60 days of filing the notice.
Review of Partial Final Judgments. Except as otherwise provided herein, partial final judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire case.
Procedure When Supreme Court Accepts Jurisdiction. The jurisdiction of the supreme court attaches to the rendition of the order accepting jurisdiction. If the supreme court accepts jurisdiction, it shall so order and advise the parties, the clerk of the district court, and the clerk of the lower tribunal.
Residents in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities: if your judgment did not go as expected and you need to appeal, let the foremost appeal attorneys in southern Florida handle your case.
Call or email Hunker Appeals now to set up a consultation.
Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-841-8808.
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