Florida Court of Appeals: How an Appeal Works After a Trial

A trial ends with a verdict or a judgment, but that is not always the end of the case. The losing side may ask a Florida court of appeals to review what happened. This guide explains how the Florida court of appeals system is set up, which court hears appeals from Miami-Dade, Broward and Palm Beach, what an appeals court can and cannot do, and the main steps and timing of an appeal in a civil case such as a car accident, slip and fall or insurance claim. This article is general information, not legal advice.

Trial court vs appellate court: what is the difference?

Florida has two kinds of courts. Trial courts (the county courts and the circuit courts) are where a case starts: the parties file the lawsuit, exchange evidence, argue motions, and, if the case does not settle, hold a trial in front of a judge or jury. For how county and circuit courts split the work, see our guide to the Florida court system.

Appellate courts do something different. They do not hear witnesses, look at new evidence or pick a new jury. They review the written record of what already happened in the trial court and decide whether the trial judge made a legal error that changed the result. In Florida, the appellate courts are the six District Courts of Appeal (often called the "DCAs") and, above them, the Florida Supreme Court.

• Trial courtHears witnesses, receives evidence, decides the facts (often through a jury) and enters the judgment.
• District Court of AppealReviews the record for legal errors. Most civil appeals in Florida end here.
• Florida Supreme CourtReviews only certain kinds of cases. In most civil cases it chooses whether to take the case at all.

When people search for the "Florida court of appeals", they are usually looking for the District Court of Appeal that covers their county. Florida does not have one single court of appeals; it has six, each covering a group of judicial circuits.

The six Florida District Courts of Appeal (and which one covers South Florida)

Since January 1, 2023, Florida has had six District Courts of Appeal. The Sixth District, based in Lakeland, was created that year and took over appeals from several circuits that used to belong to the Second, Fifth and Third Districts. The districts are set by Chapter 35, Florida Statutes:

• Third District (Miami)The Eleventh Circuit (Miami-Dade County) and the Sixteenth Circuit (Monroe County, the Florida Keys).
• Fourth District (West Palm Beach)The Fifteenth Circuit (Palm Beach County), the Seventeenth Circuit (Broward County) and the Nineteenth Circuit (Indian River, Martin, Okeechobee and St. Lucie counties).
• Sixth District (Lakeland)The Ninth Circuit (Orange and Osceola counties), the Tenth Circuit (Hardee, Highlands and Polk) and the Twentieth Circuit (Charlotte, Collier, Glades, Hendry and Lee).
• Second District (Pinellas County)The Sixth Circuit (Pasco and Pinellas), the Twelfth Circuit and the Thirteenth Circuit (Hillsborough County).
• Fifth District (Daytona Beach)The Fourth, Fifth, Seventh and Eighteenth Circuits in northeast and central Florida.
• First District (Tallahassee)The First, Second, Third, Eighth and Fourteenth Circuits in north Florida and the Panhandle.

So for most South Florida cases, the Florida court of appeals that matters is either the Third District Court of Appeal (a case tried in Miami-Dade or Monroe) or the Fourth District Court of Appeal (a case tried in Broward, Palm Beach or the Treasure Coast counties). Appeals are usually decided by a panel of three judges. Occasionally the whole court sits together ("en banc") on an important issue.

What a Florida court of appeals can (and cannot) do

An appeal is not a second trial. Understanding this is the most important part of deciding whether an appeal makes sense.

• It works from the record. The appeals court looks at the transcripts, exhibits, motions and orders from the trial court. New witnesses, new documents or new arguments that were never raised below generally cannot be added on appeal.
• The error usually has to be preserved. In general, a party must have objected or raised the issue in the trial court so the trial judge had a chance to fix it. An issue raised for the first time on appeal is often not considered.
• It reviews the law more closely than the facts. Pure legal questions are reviewed fresh ("de novo"). Many trial rulings, like many evidence rulings, are reviewed for an "abuse of discretion", which gives the trial judge room. A jury's findings of fact are generally left alone if competent, substantial evidence supports them.
• Harmless errors do not undo a judgment. Under section 59.041, Florida Statutes, a judgment is not reversed just because something went wrong; the error has to have affected the result, so that leaving the judgment in place would be a miscarriage of justice.

The appeals court can affirm (leave the judgment in place), reverse (undo it, in whole or in part), and remand (send the case back to the trial court, for example for a new trial or a new hearing on damages).

The steps of a civil appeal in Florida

1. Post-trial motions. Before any appeal, the parties may ask the trial judge to fix the result, for example with a motion for new trial or for rehearing under Florida Rule of Civil Procedure 1.530. These motions generally must be served within 15 days after the verdict in a jury case, or after the judgment is filed in a non-jury case. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
2. Notice of appeal. The appeal starts with a short notice of appeal filed with the clerk of the trial court, not the appeals court. Under Florida Rule of Appellate Procedure 9.110, it generally must be filed within 30 days after the final order is "rendered", which usually means filed with the clerk; a timely, authorized post-trial motion can delay that starting point. Courts treat this deadline very strictly, and a late notice can end the appeal. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
3. The record. The trial court clerk prepares the record on appeal, and the parties arrange for the trial transcripts.
4. Briefs. The party appealing (the appellant) files an initial brief explaining the errors, with citations to the record. The other side (the appellee) answers, and the appellant may reply.
5. Oral argument. Some appeals are argued in person or by video; many are decided on the briefs alone.
6. Decision. The three-judge panel issues a written opinion, or a short decision such as "per curiam affirmed" (often called a PCA) with no explanation.
7. After the decision. A party may ask the appeals court for rehearing or clarification, and in limited cases may ask the Florida Supreme Court to review the decision. These requests generally must be filed within 15 days (rehearing) or 30 days (Supreme Court review) under the appellate rules. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Some orders can be reviewed before the case ends. Florida Rule of Appellate Procedure 9.130 lists the limited kinds of "non-final" orders that can be appealed right away, and some other rulings can be reviewed through a petition (for example, certiorari). Most rulings, though, wait until the final judgment.

The Florida Supreme Court: the top of the appeals ladder

Many people expect a case to go "all the way to the Supreme Court". In Florida civil cases, that is rare. For most decisions of a District Court of Appeal, the Florida Supreme Court has discretionary review under Article V, section 3 of the Florida Constitution: it can choose to hear a case only in certain situations, for example when the district court's decision expressly declares a statute valid or invalid, or expressly and directly conflicts with a decision of another district court or of the Supreme Court. Even then, the Court decides whether to accept the case.

One important rule: when a District Court of Appeal affirms without a written opinion (a PCA), the Florida Supreme Court generally has no jurisdiction to review it. The Court said so in Jenkins v. State (1980). For most parties, that makes the District Court of Appeal the last stop.

Some cases with a federal issue end up in federal court instead of state court from the start. Our guide on federal court vs state court in Florida explains when that happens.

What an appeal means for an injury or insurance case

Appeals come up in the kinds of cases Tomas Robirosa handles: car and truck accidents, slip and falls and other premises cases, and property insurance disputes. A few practical points:

• Either side can appealAn injured person may appeal if the judge dismissed the case or entered summary judgment. A defendant or an insurance company may appeal a jury verdict.
• Payment can be put on holdA party appealing a money judgment can stop collection by posting a bond. Under Florida Rule of Appellate Procedure 9.310, that bond generally equals the judgment plus twice the statutory interest rate.
• Interest keeps runningA Florida judgment generally earns interest at the rate set under section 55.03, Florida Statutes, while the appeal is pending.
• Settlement is still possibleThe parties can still settle while an appeal is pending, and many do.
• It takes timeAppeals commonly take many months and can take a year or more. It depends on the court, the size of the record and whether there is oral argument.

Because the appeals court generally only looks at what was preserved in the record, the work done before and during trial (objections, motions, evidence and jury instructions) often decides what can be raised on appeal. If you were hurt in an accident or your insurance claim was denied, it helps to have a lawyer involved early. See our pages on personal injury, car accidents and denied insurance claims.

Common mistakes after a trial

• Waiting too long. Post-trial and appeal deadlines are generally short and strictly enforced, so talk to a lawyer as soon as the verdict or judgment comes in. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
• Expecting a new trial with new evidence. The appeals court works from the existing record. A better witness found after trial usually does not help on appeal.
• Filing in the wrong place. The notice of appeal goes to the clerk of the trial court, and the case then moves to the District Court of Appeal that covers that county.
• Ignoring the cost and the delay. Transcripts, filing fees, a possible bond and months of waiting are part of the decision.
• Assuming a PCA can go to the Florida Supreme Court. In general, it cannot.

If you have questions about a Florida court of appeals case or a judgment in your injury or property damage case, you can call Tomas Robirosa for a free consultation. Se habla español.

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Photo: Brandonrush, Wikimedia Commons, CC BY-SA 3.0