Appellate Practice
Appellate Practice is the domain that tests whether you can move a case from a trial court or agency into Florida’s appellate courts and keep it there. Expect questions on jurisdiction, finality, rendition and deadlines, record perfection, standards of review, preservation, briefs, oral argument, and stays.
Jurisdiction, finality, and deadlines
- Florida Supreme Court jurisdiction is largely discretionary except for death-penalty and certain constitutional/statutory-validity cases; the district courts of appeal hear appeals from final trial-court orders and most administrative agency action (Fla. Const. art. V, §§ 3(b), 4(b)(1)).
- A notice of appeal is due within 30 days of rendition (Fla. R. App. P. 9.110(b)). Rendition is delayed by a timely, authorized motion for rehearing or reconsideration (9.020(h)).
- A cross-appeal is due within 10 days after service of the initial notice (9.110(g)).
- Nonfinal orders are appealable only as listed in rule 9.130; prerogative writs proceed under rule 9.100.
Perfecting the record and briefs
- Appellant must file directions to the clerk within 10 days after filing the notice (9.200(a)(1)); transcript designations and court-reporter deadlines follow.
- The initial brief is due 70 days after the record is filed; the answer brief 20 days after the initial brief; the reply brief 20 days after the answer brief (9.210(c)).
- Page limits are 50 pages for initial and answer briefs and 25 for a reply, with formatting under rule 9.210(a).
Standards and preservation
- Use de novo review for legal rulings, abuse of discretion for discretionary acts, and competent substantial evidence for factual findings. Preserve issues by timely objection or motion; fundamental error is narrow. The tipsy-coachman doctrine may affirm on alternative grounds.
Worked example
A trial court enters summary judgment. The losing party serves a motion for rehearing 12 days later, within the 15 days allowed by Fla. R. Civ. P. 1.530. The court denies it 20 days later. The notice of appeal is filed 25 days after that denial. The appeal is timely: the timely rehearing motion delayed rendition until the denial order, and the 30-day clock ran from that denial. Had no rehearing motion been filed, the notice would have been due 30 days after the summary-judgment order.
Traps that cost marks
Treating a nonfinal order as final without checking rule 9.130; missing the 10-day cross-appeal window; failing to designate the record; arguing facts instead of the standard of review; and assuming a late notice can be cured by an extension.