Undoubtedly, losing civil litigation in Florida is a bad situation. However, there are occasions in which the result of a civil trial may be affected by lack of sufficient evidence, incorrect jury instructions, or even improperly admitted evidence.
In such cases, it is possible to appeal the case to a higher court in Florida. Keep reading to discover the steps to appeal a Florida civil case after losing at trial.
Appealing a Civil Case in Florida – Timely Filing a Notice of Appeal
Before proceeding directly to file an appeal, the appellant (person appealing the court’s decision) may file a motion for a new trial within ten days after the jury renders a verdict (in a jury trial) or after the filing date of the judgment (in a non-jury trial).
If this resource does not work, the appealing party can initiate an appeal by filing a Notice of Appeal and submitting it with the required filing fee.
Under Florida Rules of Appellate Procedure, two specific orders determine the appellate process – final and non-final orders.
As defined by Fla. R. App. P. 9.110, the appealing party that receives a final order can ordinarily appeal immediately. The Notice of Appeal must be filed within 30 days of a rendered final judgment or order denying the rehearing motion.
If accepted by a higher court, an appeal from a final order may bring the decisions made by the trial court in part or as a whole to the appellate court’s appreciation.
As defined by Fla. R. App. P. 9.130(b), the appealing party can appeal only specific types of non-final orders immediately. This way, only the issue that led to the non-final appeal will be reviewed.
It is not possible to regain the right to appeal in court if you lose the deadline, so make sure to contact a Florida appellate lawyer as soon as possible.
Appealing a Civil Case in Florida – Preparing the Paperwork
A Notice of Appeal is not a complex document, considering it neither contains an argument nor should tell the court the reasons that led to the appeal. Instead, it informs the appellate court of the case you are appealing and by what authority you are doing so.
Although it is possible to use sample forms to prepare a Notice of Appeal, make sure to seek guidance with an appellate attorney to ensure full legal compliance when preparing the document.
Once the Notice of Appeal is ready, you can submit the document to the court that issued the order you want to appeal.
At this phase, you will likely have to pay a fee to the trial court and the appellate court. Currently, the whole process can be done online.
Appealing a Civil Case in Florida – What If I Miss the Initial Deadline to Submit a Notice of Appeal?
The appellate process depends a lot on the legal deadlines. Hence, potential appellants that fail to timely file a Notice of Appeal will incur dismissal for lack of jurisdiction.
Ultimately, it does not matter whether you intentionally or accidentally waived your appeal. If you miss the deadline to submit the Notice of Appeal, the appellate process is over for your case.
How Do I Appeal a Civil Case in Florida? – Work with Jurado and Farshchian, P.L.
It is crucial noting that small mistakes can cost a lot when appealing a civil case in Florida. Waste no time – get in touch with Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] so we can get to work immediately.
