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How Do I File an Appeal?

File an Appeal

Rule 9.900, Florida Rules of Appellate Procedure, provides the timeframe for when an appeal must be filed by a party or defendant in a case and the format for a Notice of Appeal. The original Notice and one copy should be filed with the Clerk’s office in the division where the court rendered the order/judgment you wish to appeal. For example, file in the Felony Division if you are appealing a felony conviction.

What happens in an appeal?
After the appropriate paperwork is timely filed (after the oral agreement), the appellate court will review the decision of the lower court and make a ruling.

Types of Cases That May be Appealed
Florida’s Rules of Court designate the types of appeals that are permitted. 

  • Appeal to Circuit Court: County Court cases – misdemeanors, county civil and traffic infraction cases
  • Appeal to District Court of Appeal or Florida Supreme Court: Circuit Court cases – felonies, circuit civil, probate and juvenile cases
  • Appeal to Florida Supreme Court: Death penalty cases are appealed directly from the Circuit Court to the Florida Supreme Court by law

Appellate Filing Fees

  • Felony, Juvenile, Probate and Circuit Civil filing fees require a $100 check made payable to the Clerk of Circuit Court and a separate check for $300 made payable to the Clerk of District Court.
  • County Civil, Traffic and Misdemeanor filing fees require a $281 check made payable to the Clerk of Circuit Court.

For additional information, visit these websites:
First District Court of Appeals
Florida Supreme Court

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