Florida’s State Appellate Court Process
West Palm Beach Criminal Trial Lawyer, Andrew D. Stine, has also built a solid foundation in the practice of law regarding Appeals. Attorney Andrew D Stine has filed initial briefs, answer briefs, response briefs, writ of mandamus, writ of prohibition and writs of mandamus in the 4th District Court of Appeals, 5th District Court of Appeals and throughout the Federal Courts comprising all of the Florida Federal District Courts.
The Appellate process can be the last hope for many individuals. Representation by Attorney Andrew D. Stine of many clients in the Appellate process have included some of following matters: felony criminal matters; foreclosure and bankruptcy proceedings; Appeals of final orders regarding DCF matters; driver’s license issues regarding DMV suspensions; emergency writs to prohibit a court, entity or individual from acting that would cause serious and irreparable harm to another; emergency writs of mandamus ordering courts to release prisoners and many other complex matters within the Appellate process.
The Appellate rules and procedures are very rigid and must be strictly adhered to when filing appeals, writs and all other “papers” with the Appellate courts. The Florida State Appellate Court’s role is very specific and narrowly tailored to include review of only the following issues: (A) final orders of trial courts, not directly reviewable by the supreme court or a circuit court, including county court final orders declaring invalid a state statute or provision of the state constitution; (B) non-final orders of circuit courts as prescribed by rule 9.130; (C) administrative action if provided by general law.
Certiorari Jurisdiction. The certiorari jurisdiction of district courts of appeal may be sought to review: (A) non-final orders of lower tribunals other than as prescribed by rule 9.130; (B) final orders of circuit courts acting in their review capacity.
Original Jurisdiction of the District courts of appeal may issue writs of mandamus, prohibition, quo warranto, and common law certiorari, and all writs necessary to the complete exercise of the courts’ jurisdiction; or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof, or before any circuit judge within the territorial jurisdiction of the court.
District courts of appeal, in their discretion review, may review by appeal: (A) final orders of the county court, otherwise appealable to the circuit court under these rules, that the county court has certified to be of great public importance; (B) non-final orders, otherwise appealable to the circuit court under rule 9.140(c), that the county court has certified to be of great public importance.
Moreover, the procedural rules of when, how and what type of relief the Appellee is seeking is strictly constructed. Did you know in Florida that only final orders may be at issue for appeal, there are no interlocutory appeals allowed in criminal cases and most civil matters, like foreclosures and bankruptcies proceedings!
Did you also know that you must file your notice of appeal within 30 days after the rendition of the final order of the lower court or be forever barred from filing your appeal?
Do you also know that in your notice of appeal it must adhere to very strict filing rules like: The notice of appeal shall be substantially in the form prescribed by rule 9.900(a) of appellate procedure, and the caption shall contain the name of the lower tribunal, the name and designation of at least 1 party on each side, and the case number in the lower tribunal. The notice shall also contain the name of the court to which the appeal is taken, the date of rendition, and the nature of the order to be reviewed.
There is an exception in criminal cases, here a conformed copy of the order or orders designated in the notice of appeal shall be attached to the notice together with any order entered on a timely motion postponing rendition of the order or orders appealed. This rule must be strictly followed in the appellate courts regarding criminal matters or the reviewing court will kick it out!
After the notice of appeal has been filed by the Appellant, he or she is then responsible for getting the complete record for appeal. This process can be daunting for anyone including experienced lawyers. The record on appeal must be prepared by the lower clerk. But the clerk of the lower tribunal does not just do something Willy-Nilly but only acts when ordered to do so. So, according to rules, within 50 days of filing the notice, the clerk shall prepare the record prescribed by rule 9.200 and serve copies of the index on all parties. Within 110 days of filing the notice, the clerk shall electronically transmit the record to the court.
The time table is then set for how and when the Appellants briefs must be filed. This rule of time is strictly adhered to and if not followed will likely result in having the appeal dismissed. The rule provides that the Appellant’s initial brief shall be served within 70 days of filing the notice. Additional briefs that follow, like the answer and all other briefs shall be served as prescribed by rule 9.210.
The rules of appellate procedure and the substantive law in perfecting an appeal, writ and all other “papers” being filed with the appellate courts is a very important and daunting task. For many, this arena is their last place to fight for their right of liberty and or property. Palm Beach Appellate Attorney Andrew D. Stine has been filing and perfecting appeals since 2001, when he started in the Office of the Palm Beach Public Defender. Since 2001, West Palm Beach Attorney, Andrew D. Stine, has filed appeals throughout the State of Florida in all Criminal and Civil matters. If you or a loved one is in need of appellate work contact Andrew D. Stine at 561 832 1170 and remember Hire Stine or Do the Time!