FL Appellate Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notice of appeal deadline

In most Florida civil appeals, the notice of appeal must be filed within 30 days of rendition of the order; criminal appeals generally allow 30 days from rendition as well.

Rendition defined

An order is rendered when it is filed with the clerk or otherwise officially released; rendition starts the appeal clock and is not the same as entry or service.

Motion for rehearing tolls time

A timely authorized motion for rehearing or reconsideration postpones rendition; the appeal period runs from the order disposing of that motion, not the original order.

Extension of appeal time

Florida Rule of Appellate Procedure 9.300 permits limited extension of time for good cause, but the court cannot extend the time to file the initial notice of appeal beyond the rule's limits.

Final order appealability

A final order ends the judicial labor in the case and is appealable as of right; partial final orders may require a rule-based exception or leave to appeal.

Nonfinal appealable orders

Rule 9.130 lists specific nonfinal orders appealable as of right, including orders on injunctions, appointment of receivers, and certain venue or jurisdiction rulings.

Certified question review

A district court may certify a question of great public importance to the Florida Supreme Court; the Supreme Court has discretion to accept or decline the certified question.

Conflict jurisdiction

The Florida Supreme Court may review a district court decision that expressly and directly conflicts with another district court or Supreme Court decision on the same point of law.

Preservation of error

To raise an issue on appeal, the appellant generally must have presented a timely objection or motion below, giving the trial court an opportunity to rule.

Fundamental error exception

Fundamental error is error that goes to the foundation of the case and deprives a party of a fair trial; it may be raised without preservation but is applied narrowly.

Standard of review de novo

De novo review applies to pure questions of law, such as statutory interpretation and summary judgment rulings; the appellate court owes no deference to the trial court.

Abuse of discretion standard

Discretionary rulings, including evidentiary and discovery decisions, are reviewed for abuse of discretion, meaning the ruling is unreasonable or contrary to law.

Competent substantial evidence

Factual findings are upheld if supported by competent substantial evidence in the record, even if the appellate court would have decided differently.

Initial brief contents

An initial brief must include a table of contents, statement of the case and facts, summary of argument, argument with citations, and a conclusion stating the relief sought.

Answer brief timing

After service of the initial brief, the appellee serves an answer brief within the time set by rule, commonly 30 days, unless an extension is granted.

Reply brief purpose

A reply brief addresses new matters raised in the answer brief and is optional; it may not raise wholly new arguments not presented in the initial brief.

Record on appeal

The record consists of the pleadings, transcript, and evidence designated by the parties; the appellant bears the burden to ensure a complete record is transmitted.

Transcript designation

The appellant must designate the portions of the transcript needed for review; failure to provide a transcript can result in affirmance for lack of a record.

Oral argument discretion

Oral argument is not a matter of right in most Florida appellate courts; a party must request it, and the court may grant or deny the request.

Motion for rehearing appeal

A motion for rehearing in the appellate court must be filed within the time set by rule, commonly 15 days after the opinion or order, and is not favored.

Certification of conflict

A party may seek Florida Supreme Court review by alleging express and direct conflict; the alleged conflict must appear on the face of the opinion.

Mandamus and prohibition

Mandamus compels a public officer to perform a clear legal duty; prohibition restrains a court from acting without or beyond jurisdiction.

Certiorari common law

Common law certiorari reviews nonfinal orders that cause material injury not remediable on appeal; it is discretionary and narrowly granted.

Stay pending appeal

A party may seek a stay of the trial court order pending appeal; the trial court or appellate court may require a bond or other conditions.

Supersedeas bond

A supersedeas bond secures the appellee against loss during a stay; the amount is set to cover the judgment and costs, subject to court approval.

Notice of cross-appeal

An appellee who seeks to challenge part of the order must file a notice of cross-appeal within the time allowed after service of the initial notice of appeal.

Amended notice of appeal

An amended notice of appeal may correct a defective description of the order or parties; it does not extend the jurisdictional deadline for filing.

Premature notice of appeal

A notice filed before rendition is generally treated as filed on the date of rendition if the order is later rendered and the notice otherwise complies.

Appellate mediation

Florida appellate courts may refer cases to mediation; participation can be mandatory, and settlement may resolve the appeal without a merits decision.

Attorney fees on appeal

A party seeking appellate attorney fees must file a timely motion specifying the basis; entitlement and amount may be decided by the appellate court or on remand.

Preservation by motion in limine

A ruling on a motion in limine may preserve an evidentiary issue if the objecting party clearly presents the issue and obtains a definitive ruling before trial.

Harmless error analysis

An appellate court will not reverse for error that did not injuriously affect the substantial rights of the complaining party; the burden is on the appellant to show harm.