Resources

While I believe the best practice for anyone who needs to seek review of a trial court’s order—either as a trial attorney or as a party—is to hire an attorney whose practice is substantially dedicated to appeals, there may be times when a trial attorney pursues the appeal or a party elects self-representation. I’ve assembled a list of resources to help you if you are a trial attorney whose practice does not typically include appeals or if you are a party representing yourselfThis list is not exhaustive, is provided only for general guidance or a place to start your research, and should not be interpreted as legal advice. 

Anyone arguing an appeal in Florida will need to study the Florida Rules of Appellate Procedure. The most up-to-date version of these rules, and all Florida Rules of Court Procedure, can be accessed on the Florida Bar’s website.  

You will likely need access to the Florida Statutes, the Florida Constitution, or the Laws of Florida. Versions of these laws can be accessed back to 1997 on the Florida Legislature’s Online Sunshine website. For pre-1997 statutes, Florida State University’s research center has done a tremendous public service by scanning images of the statute books and providing those images on its website.  

In addition, most cases require discussion of case law, and appeals can require deeper research than trial work does. If you’re a lawyer, you likely have a paid subscription to a sophisticated legal research platform, and many attorneys find that to be the best way to do legal researchIf you do not have access to such a platform, you may be pleased (and surprised) to know that Google Scholar has a searchable database of appellate opinions, and even allows you to filter by appellate court.  

The Florida court system has a website, www.flcourts.org, with information on the structure and operation of the court system. 

If your appeal is before a circuit court in Florida, you may be able to find that court’s appellate opinions on its website. For example, the Ninth Judicial Circuit of Florida provides a searchable database of its appellate opinions. Not all circuit courts provide this service. 

No matter which court you will be appearing before, be sure to review that court’s website for administrative orders and other notices to attorneys and parties appearing before the court. Courts will often specify their expectations and provide helpful tips. Below are links to the Florida Supreme Court’s website and each of the five district courts of appeal in Florida: 

 

Florida Supreme Court

This court has limited subject matter jurisdiction but statewide geographic jurisdiction. The district courts are the courts of last resort for most cases. 

First District Court of Appeal

This court is located in Tallahassee and has appellate jurisdiction over the 1st, 2nd, 3rd, 4th, 8th, and 14th judicial circuits in Florida. However, some legal matters handled within these geographic areas are appealable to the circuit courts or agencies rather than the district courts.

Second District Court of Appeal

This court is located in Lakeland and has appellate jurisdiction over the 6th, 10th, 12th, 13th, and 20th judicial circuits in Florida. However, some legal matters handled within these geographic areas are appealable to the circuit courts or agencies rather than the district courts. 

Third District Court of Appeal

This court is located in Miami and has appellate jurisdiction over the 11th and 16th judicial circuits in Florida. However, some legal matters handled within these geographic areas are appealable to the circuit courts or agencies rather than the district courts.

Fourth District Court of Appeal

This court is located in West Palm Beach and has appellate jurisdiction over the 15th, 17th, and 19th judicial circuits in Florida. However, some legal matters handled within these geographic areas are appealable to the circuit courts or agencies rather than the district courts. 

Fifth District Court of Appeal

This court is located in Daytona Beach and has appellate jurisdiction over the 5th, 7th, 9th, and 18th judicial circuits in Florida. However, some legal matters handled within these geographic areas are appealable to the circuit courts or agencies rather than the district courts.

These websites may contain additional information and resources 

If you are representing yourself, you may find it helpful to read the Pro Se Handbook, provided by The Appellate Practice Section of The Florida Bar. In addition, you may wish to consult the Florida Courts Help website.  

Finally, Florida Appellate Practice, published by Thomson Reuters and written by Phillip Padovano, is an excellent resource covering fundamental principles of appellate practice, both procedural and substantive. I often consulted this book during my years as an appellate law clerk. 

Although I’ve provided links where the books I mentioned above can be purchased, please know that I provide these links for your convenience only and do not receive compensation for any purchases. 

Lawton Law, PLLC

Located in Tallahassee. Able to Handle Appeals throughout Florida.

850-727-4655

 

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Disclaimer

The information provided on this site is not legal advice and may not be applicable to your situation. The use of this site, including its contact form, does not constitute an attorney-client relationship with this firm or its attorney.