Florida Appellate Procedure - The Florida Appellate Procedure Weblog by DPW Legal

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Appeals 101: What is an Appeal?

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June 1, 2023

An appeal is not simply a "do over" where the appellate court gets to re-weigh the evidence and substitute its judgment for that of the trial judge. Instead, an appeals court is a reviewing court, and it can only review for â€œpreserved error.â€

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Supreme Court Again Amends Preservation Requirements of Rehearing Rule

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May 4, 2023

Rule 1.530 and 12.530 require rehearing motions to challenge the failure to make required findings of fact -- but how do you navigate the rule to ensure preservation when the findings are in non-final orders?

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Rule Change: Rehearing Required to Preserve Challenge to Sufficiency of Trial Court Findings

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August 30, 2022

The Florida Supreme Court Friday amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rules of Civil Procedure 12.530 to expressly require that "To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule," effective immediately.

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Renamed Rules of General Practice and Judicial Administration

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October 30, 2021

The Florida Supreme Court has amended and renamed what was formerly…

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What Do I Do if the Other Side Files a Writ of Certiorari, Prohibition, or Mandamus in Florida Cases?

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May 14, 2021

Writs of Certiorari, Writs of Mandamus, and Writs of Prohibition are three different ways a party in Florida state court litigation can seek appellate court intervention even though the judge has not made a final decision. If the other side seeks one of these writs from the appellate court, what do you need to do to protect yourself?

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What Are Costs on Appeal in Federal Court?

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May 11, 2021

When the Eleventh Circuit Court of Appeal decides an appeal, the case is not quite over....[T]he winning party should also be ready to deal with filing a bill of costs. What are those costs and when are they owed?

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What is a Writ of Certiorari in Florida State Courts?

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April 30, 2021

To bring a Writ of Certiorari, the order must be otherwise unappealable, and the party must demonstrate that harm caused by the order is irreparable and cannot be remedied on plenary appeal, and that the ruling was "a departure from the essential requirements of law."

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Fees on Fees Rejected by Third District

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August 17, 2020

Even when you win an award of entitlement to attorney's fees, you may not be entitled to recover fees for the time spent litigating the amount of that attorney's fee award.

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Florida Supreme Court Hurricane Dorian Orders

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September 9, 2019

The Florida Supreme Court issued orders retroactively extending deadlines in four of the five Florida District Courts of Appeal due to Hurricane Dorian.

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Podcasts & PCAs

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September 4, 2019

Check out Dineen Pashoukos Wasylik's appearance on the Issues on Appeal Podcast, Episode 13 Evaluating a PCA.

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How Does a Hurricane Affect Court Deadlines? (Dorian Edition)

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September 3, 2019

In Florida state courts, you won't know until the storm is over, so don't count on a deadline moving. And in Federal Court, the courthouse being closed does not mean you can't file, so your best bet is to meet any deadline today.

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Weird, Wild Stuff: Nine Proposed Appellate Rule Changes You May Want to Weigh In On

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July 22, 2019

Don't miss your chance to comment on nine proposed amendments to the Florida Rules of Appellate Procedure.

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Is Memorial Day, May 27, a Court Holiday? (2019 edition)

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May 23, 2019

Memorial Day--May 27, 2019--is a day that we remember and…

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You Used Daubert at Trial but Now it’s Frye? Here’s What the Appellate Court Might Do. (UPDATED–IT’S DAUBERT AGAIN!)

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May 20, 2019

The Florida Supreme Court declared the statutory revision to section 90.702 unconstitutional, thereby reaffirming that Frye is the test to apply in Florida. Delisle v. Crane Co., 258 So. 3d 1219, 1229 (Fla. 2018).

Where does that leave us?

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What’s it like to appear before the United States Supreme Court? Let’s talk about it, podcast-style.

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April 23, 2019

The United States Supreme Court hears oral argument from attorneys…

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Is Good Friday a Court Holiday? (2019 Edition)

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April 18, 2019

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Briefing Deadlines Fixed

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January 31, 2019

A fourth order making rule changes effective January 1, 2019 corrected an oversight and brought brief deadlines in cross-appeals and dependency and parental rights termination cases in line with the rest of the rule changes.

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First and Third DCAs Transition to ePortal for Electronic Filing

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January 30, 2019

The First and Third District Courts of Appeal will transition to the ePortal on February 11, 2019.

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New Rule 9.380 Allows Notification of Related Cases

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January 28, 2019

New Rule 9.380 allows parties, without argument, to inform an appellate court of "related case or issue" that is either "arising out of the same proceeding in the lower tribunal," or, helpfully, "involving a similar issue of law."

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4th and 5th DCAs Transition to Portal

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January 11, 2019

After hours last night, the 4th and 5th DCAs both transitioned to e-portal filing.

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Calculating Deadlines Under the New Rules

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January 9, 2019

Don't let January's rule changes cause you confusion! We'll talk you through how the changes to the rules affect calculating deadlines.