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 (or 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. 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. It 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 the Florida Rules of Appellate Procedure 9.200 for the Record, 9.210 for the brief and 9.900 for the forms.

Small claims, County Court, Circuit Court and Family Division cases are appealed to the 2nd District Court of Appeals.

Requirements To File An Appeal

A Notice of Appeal must be filed with the Clerk within 30 days from the date the judgment or order being appealed is filed with the Clerk and must be in the form prescribed by Florida Rules of Appellate Procedures, found in Rule 9.900.

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

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

The following fees** are payable to the Clerk of the Circuit Court:

  • 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 Court)

The following fees are payable to the 2nd District Court of Appeals:

  • Filing Fee (check or money order) payable to the 2nd District Court of Appeals
  • A Check or money order can be mailed or paid on the state e-filing portal

** Please note: Pursuant to Florida Statute 28.24, 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 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 Appellate Rules 9.200 will be followed when preparing the Record. A per instrument fee submitted in the Record, A fee for certification, plus postage if the prepared record is to be mailed to the 2nd 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 will not prepare a record on 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 Florida Rule of Appellate Procedures 9.210
    • If appealing a Small Claims, County Civil, Circuit Civil or Family case, please submit briefs directly to the 2nd District Court of Appeals

Other Appeals Filed In Civil Court

  • Writs of Certiorari, Writs of Mandamus, Writs of Prohibition and Administrative Appeals are also filed in Civil Court
  • Original Notice of Appeal with attached copy of order or judgment being appealed.
  • Fees made payable to the Clerk of the Circuit Court:** (Fees can be paid through the e-portal or by mail)
  • 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 Court)
  • These are orders appealed from County, State or Municipal Agency Divisions
  • The Circuit Court of Appeal reviews these appeals prescribed by Florida Rules of Court 9.030
Kelvin Soto, Esq.
2 Courthouse Square
Kissimmee, Florida 34741
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