Free Consultation — Talk to a Florida Lawyer TodayNo fee unless we recoverHablamos españolAvailable 24/7
5.0Google Reviews
CALL 24/7(305) 600-0529WhatsApp UsText us now, tap to chat
Supreme Court of Florida building in Tallahassee, the top of the Florida court of appeals system

Appeals Guide · By Tomas Robirosa, Esq.

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

What happens when one side loses at trial and wants a higher court to look at the case: the six District Courts of Appeal, which one covers South Florida, the Florida Supreme Court, and the main steps of an appeal.

  • Free consultation
  • No attorney’s fee unless we recover
  • Hablamos español
  • Available 24/7
  • Free ConsultationNo cost, no obligation
  • No Fee Unless We RecoverContingency fee cases
  • Bilingual AttorneyEnglish & Spanish
  • Available 24/7Fast communication

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 about county court cases?

Since January 1, 2021, appeals from final judgments of county courts in Florida generally go to the District Courts of Appeal, not to the circuit court, after a change to section 26.012, Florida Statutes. Circuit courts still hear some limited appeals, such as appeals from local code enforcement boards.

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.

Frequently Asked Questions

How many District Courts of Appeal does Florida have?
Six. The Sixth District Court of Appeal, based in Lakeland, began on January 1, 2023, joining the First (Tallahassee), Second (Pinellas County), Third (Miami), Fourth (West Palm Beach) and Fifth (Daytona Beach) Districts.
Which Florida court of appeals covers Miami-Dade, Broward and Palm Beach?
The Third District Court of Appeal covers Miami-Dade and Monroe counties. The Fourth District Court of Appeal covers Broward and Palm Beach counties, plus Indian River, Martin, Okeechobee and St. Lucie counties.
How long do you have to file an appeal in Florida?
In a civil case, the notice of appeal generally must be filed within 30 days after the final order is rendered (Florida Rule of Appellate Procedure 9.110). Certain post-trial motions can change when that period starts, and the deadline is enforced strictly. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
Can I present new evidence in a Florida appeal?
Generally no. The appeals court reviews the record from the trial court: the transcripts, exhibits and filings. New witnesses or documents are generally not considered on appeal.
What is the difference between a trial court and an appellate court?
A trial court hears witnesses, receives evidence and decides the facts, often through a jury. An appellate court reviews the written record to decide whether a legal error affected the result. It does not hold a new trial.
What does "per curiam affirmed" (PCA) mean?
It means the District Court of Appeal affirmed the trial court's decision without writing an opinion explaining why. In general, a PCA cannot be reviewed by the Florida Supreme Court.
Can a jury verdict be appealed in Florida?
Yes. Either side can appeal a final judgment entered on a jury verdict, but the appeals court generally leaves the jury's factual findings in place if competent, substantial evidence supports them. Appeals usually focus on legal errors, such as rulings on evidence or jury instructions, that were raised at trial.
How long does an appeal take in Florida?
It varies. Appeals commonly take many months and can take a year or more, depending on the court, the size of the record and whether there is oral argument.
Does the other side have to pay while the case is on appeal?
Not always. A party appealing a money judgment can generally stop collection by posting a bond equal to the judgment plus twice the statutory interest rate (Florida Rule of Appellate Procedure 9.310). Judgment interest generally keeps running during the appeal.
Can my case go to the Florida Supreme Court?
Only in limited situations. For most civil cases, the Florida Supreme Court has discretionary review, meaning it chooses whether to hear a case, and only in categories set by Article V of the Florida Constitution, such as an express and direct conflict between appellate decisions.

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

Disclaimer

This article is for general information only and is not legal advice. Every situation is different, and the law can change. Do not make decisions based on this article alone. Speak with a licensed Florida attorney about your specific situation. Reading this article does not create an attorney-client relationship.

Free Consultation!

Prefer to talk to a lawyer now?

Call (305) 600-0529Se habla español · Available 24/7
Tomas Robirosa
Tomas Robirosa, Esq.Founding Attorney
Florida Supreme Court Certified Circuit Civil Mediator
Tomas Robirosa, Miami personal injury lawyer

Your Attorney

Work Directly With Attorney Tomas Robirosa

Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.

He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.

  • Licensed in Florida
  • Bilingual: English & Spanish
  • Certified Circuit Civil Mediator
  • U.S. District Court, S.D. Florida
  • Free consultations
  • Contingency fee: no fee unless we recover

Recognition & memberships

Elite Lawyer Personal Injury 2026 badgeLawyers of Distinction 2026 badgeAIOTL 40 Under 40 2026 badgeFlorida Justice Association badgeThe Florida Bar Trial Lawyers Section logoAvvo Clients' Choice Award 2026 badge, Tomas RobirosaAvvo client reviews badge, Tomas Robirosa

What Our Clients Say

Real reviews from real clients on Google.

Posted on Google Google
Kk Ll profile picture
Kk Ll
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great service would recommend helped tremendously
Posted on Google Google
Johanna Martinez profile picture
Johanna Martinez
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
LA ATENCION FUE EXCELENTE Y MUY RAPIDA.
Posted on Google Google
Maša Nestorović profile picture
Maša Nestorović
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’ve had an amazing experience working with Tomas. He is super knowledgeable and very personable. He helped us tremendously, highly recommend.
Posted on Google Google
Kathy Maria Alvarez profile picture
Kathy Maria Alvarez
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Tomás fue un excelente profesional.Me dejó muy tranquila porque me explicó todo en español, con total claridad y transparencia. Si tuviste un accidente en Miami Beach, no dudes en llamarlo.
Posted on Google Google
Cristina Gonzalez profile picture
Cristina Gonzalez
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
The absolute best!! Responsive, honest, and easy to talk to. If you need an injury attorney in Miami Beach who also speaks Spanish, Tomas is the one to call. Highly recommend having him handle your case.
Posted on Google Google
Mario Espinosa profile picture
Mario Espinosa
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
As a physical therapist, I’ve had the opportunity to work with Robirosa Accident & Injury Law while treating patients recovering from injuries. Their team has always been professional, responsive, and genuinely focused on making sure their clients receive the care they need. From a healthcare provider’s perspective, communication and coordination can make a huge difference in these cases, and their team does a great job staying involved without interfering with the clinical process. It’s clear they care about their clients as people, not just as cases. I would highly recommend Robirosa Accident & Injury Law to anyone looking for an injury attorney who is professional, accessible, and committed to helping their clients through the recovery process.
Posted on Google Google
Derek Nier profile picture
Derek Nier
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Tomas is an industry professional. He handles his cases with extreme care and provides excellent customer service alongside excellent communication. I would recommend him to anyone looking for a competent attorney in the Miami Beach area.
Posted on Google Google
Rosalia Rodriguez Aquino profile picture
Rosalia Rodriguez Aquino
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Es muy buen Abogado, confiable, transparente y muy humanitario. Estás siempre pendiente a todos y muy comunicativo. Me siento muy satisfactoria de su buen trabajo. Ojalá hayan muchos abogados como él. Que Dios lo bendiga Gracias, porque ganamos el caso
Posted on Google Google
Andrea Silva profile picture
Andrea Silva
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
🌟🌟🌟🌟🌟 Wow- excelente experiencia con Tomás. Lo recomiendo al 100%. Cuando ningún otro abogado me apoyaba y sentía que el caso estaba perdido, me conectaron con él y ¡ganamos! El proceso fue claro, fluido y efectivo. Es muy profesional, sabe exactamente lo que hace y realmente le importa ayudar a sus clientes. Estoy muy agradecida por su apoyo y sin duda lo recomendaré a cualquier persona que necesite un abogado.
Posted on Google Google
Karim Badawy profile picture
Karim Badawy
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Thomas is a true professional! He is knowledgeable and will provide everything he knows for you! Highly recommend!

Talk to a Lawyer Today. It’s Free.

Tell us what happened. We’ll explain your options in English or Spanish, with no obligation.