Appeals

Kelvin Soto, Esq.
2 Courthouse Square
Kissimmee, Florida 34741

Appeals

What Is An Appeal?

An appeal of a lower court decision is a legal process by which a higher court is asked to review the trial court’s record and rule on the legal issues raised by the appellant (the person filing the appeal). All other parties in the case are the appellees.

The Appeals Department receives, prepares, processes, and maintains appeals for the County and Circuit Courts of the Ninth Judicial Circuit in and for Osceola County. The appellate court is part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard and ruled upon in lower courts. The appellate court does not listen to new evidence, but rather reviews the decisions made in the lower courts and applies the law to the facts that were presented.

Who Can File An Appeal?

Any party to the case may file an appeal. A civil case appeal (Small Claims, County Civil, Circuit Civil, or Family) must follow rule 9.200, Florida Rules of Appellate Procedure, for the Record on Appeal; rule 9.210 for the Brief; and rule 9.900 for the forms.

Small claims, County Court, Circuit Court, and Family Division cases are appealed to the Sixth District Court of Appeals based in Lakeland, Florida.

Requirements to File an Appeal

A Notice of Appeal must be filed with the Clerk & Comptroller within 30 days from the date the judgment or order being appealed is rendered (or filed) with the Clerk & Comptroller and must be in the form prescribed by rule the Florida Rules of Appellate Procedure.

The following is also required to be filed at the same time with the Notice of Appeal:

  • Small Claims & County Civil Cases: A current Fee Schedule is available on this website, as well as in any Clerk & Comptroller’s Office location for your information.
  • Family & Circuit Civil Cases: Original Notice of Appeal with attached copy of order or judgment being appealed.

The following fees** are payable to the Clerk & Comptroller:

  • Filing Fee
  • Per page fee for copying notice of appeal (including any attachment pages submitted)
  • Certification of copy fee (for the Notice of Appeal for the appellate court)

The following fees are payable to the Sixth District Court of Appeal:

  • Filing Fee (check or money order) payable to the Sixth District Court of Appeal
  • A check or money order can be mailed or paid on the Florida Courts E-Filing Portal at www.myflcourtaccess.com

** Please note: pursuant to section 28.24, Florida Statutes, the appellant will also be billed a service charge upon preparation of the Record on Appeal on a final order as follows:

    • Directions to the Clerk & Comptroller stating which documents are desired to be included in the Record of Appeal must be filed within 10 days after the filing of the Notice of Appeal or rule 9.200, Fla. R. App. P., will be followed when preparing the Record. A per instrument fee submitted in the Record; a fee for certification; and a fee for postage if the prepared record is to be mailed to the Sixth District Court of Appeals. Payment for these service charges is required to be made before the Record on Appeal will be submitted to the Court. Failure to pay these fees may result in a dismissal of your appeal.
    • The Clerk & Comptroller will not prepare a Record on Appeal for an appeal of a non-final order unless directed by the Court to do so.
    • There are no “hearings” in the Appellate Division; all cases are reviewed through the filing of briefs as per rule 9.210, Fla. R. App. P. or upon the Court’s granting of oral argument.
    • If appealing a Small Claims, County Civil, Circuit Civil, or Family case, please submit briefs directly to the Sixth District Court of Appeals

Requirements for Other Appeals Filed in Civil Court

  • Writs of certiorari, mandamus, prohibition and Administrative Appeals may be filed in Civil Court
  • Original Notice of Appeal with attached copy of order or judgment being appealed.
  • Fees made payable to the Clerk & Comptroller:** (Fees can be paid through the Florida Courts E-Filing Portal, by mail, or in person)
  • Filing Fee
  • Per page fee for copying notice of appeal (including any attachment pages submitted)
  • Certification of copy fee (for the Notice of Appeal for Appellate Division)
  • These are orders appealed from county, state, or municipal agency decisions
  • The Circuit Court’s Appellate Division reviews these appeals prescribed by rule 9.030, Fla. R. App. P.