Appeals 101: How do I initiate my Florida civil appeal?

The Second District Court of Appeals’ Clerk’s Office is in Lakeland, FL. But you don’t have to visit — you can file your filing fee by mail or online!

Timing of Your Notice of Appeal

In a standard civil case in Florida, one initiates an appeal by (1) filing a notice of appeal and (2) paying the filing fee.  This applies to appeals from both final (see Fla. R. App. P. 9.110) and non-final (see Fla. R. App. P. 9.130(b)) orders.  You have 30 days from the date your ordered is rendered to file your notice (stay tuned for an upcoming Appeals 101 post on what “rendered” means for appellate purposes).

Format of Your Notice of Appeal

The notice is a simple document — it does not contain argument, and it does not have to tell the court why you are appealing. Rather, it contains only basic contents — just enough to let the Court know what you are appealing and by what authority. Specifically, the notice must contain a caption, the name of the court to which the appeal is taken, the date of rendition, and the nature of the order to be reviewed. It is also critical to attach a copy of the order on appeal to the notice. The rules actually contain a sample notice to follow [.pdf].

Filing and Fees for Your Notice of Appeal

So how, and where, do you accomplish these filings?  You go to the court that issued the order you want to appeal (sometimes referred to as the “trial court” or the “lower tribunal”).  That is where you will file your notice of appeal.  As far as fees, you’ll have to pay a fee both to that court, and to the appellate court.  These days, both your notice of appeal and your filing fees to the courts can be paid online.

An example:  You are appealing to the district court of appeal a final order of the circuit court.  You must file your notice of appeal with the circuit court clerk, along with a $100 filing fee.  You may also have to pay other small handling fees, such as a $2 “certification” fee, or credit card fees.  Your notice of appeal will be sent to the district court of appeal.  Upon receipt of the notice, the district court will assign your case a new number, and will often issue an order or notice stating that its filing fee has not been paid.  You then must pay the district court an additional $300. Note that this procedure doesn’t really match up with the rules — before electronic filing, you were supposed to send your check to the circuit court clerk for both filing fees, but the rules haven’t caught up with technology, and the District Court does not take issue with you paying your filing fees after it assigns a case number, so long as you do it quickly. At that point, your appeal is fully initiated.

Filing a Notice of Appeal of a County Court Decision

The process is generally the same for appealing county court orders to the circuit courts, although the amounts of the fees vary slightly.

Filing a Notice of Cross-Appeal

And if someone else has filed a notice of appeal already and you want to file a cross-appeal, you’ll have to pay the appellate court $295.

For more information, look to the rules for final appeals and non-final appeals, and check out some of our other blog posts at flabarappellate.org.

What Happens if My Notice of Appeal is Late?

Be careful, because failing to file the notice of appeal on time will result in dismissal of your appeal for lack of jurisdiction.  A late notice of appeal is not something that can be fixed.  And while the courts are somewhat forgiving if you merely file in the wrong court or don’t pay the filing fee right away, they can still dismiss your appeal before you even get a chance to argue the merits if you don’t straighten out those defects fast.

Don’t Mess Around With Your Notice of Appeal

The rules of appellate procedure can be complicated and intimidating, but we’re here to help. Because the 30 day deadline comes fast, call our office for a consultation at 813-778-5161 if you are thinking of filing an appeal. Day 31 is too late. Count wrong, and it can be too late. Misunderstand rendition, and it can be too late. In fact, because understanding rendition can be tricky — and because your appeal can sometimes be stronger if you file a timely and authorized motion for rehearing, which has a shorter deadline — we recommend you contact appellate counsel within a day or two of learning of the order you want to appeal.

About Appeals 101

This post is part of our continuing Appeals 101 series. Click the link to find all of our posts on the basics of litigating an appeal.

Florida Court’s Jurisdiction Over Out-of-State Party in Domestic Violence Cases

Florida courts may only act if they have personal jurisdiction over the defendant, even in the case of alleged domestic violence. Having family in Florida, visiting Florida on vacation in the past, and sending a spouse and children to visit family in Florida are insufficient contacts to confer personal jurisdiction.  Youssef v. Zaitouni, Case No. 2D17-926 (Fla. 2d DCA Feb. 14, 2018) [.pdf].

When is there personal jurisdiction over an out-of-state resident?

Husband, an Ohio resident, moved through counsel to vacate an injunction entered against him in Florida after his estranged Wife moved to Florida and sought and obtained a domestic violence injunction (DVI) against him.  Husband argued that Florida did not have personal jurisdiction over him because he did not have sufficient contacts with Florida under Florida’s long arm statute, Section 48.193.  The trial court found that family members residing in Florida and past visits were sufficient contacts with Florida to confer jurisdiction.  In the alternative, the trial court invoked its “emergency jurisdiction over the minor children” under the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 61.501-542, Fla. Stat.  (UCCJEA).

The Second District Court of Appeal yesterday reversed the refusal to vacate the injunction, and remanded for dismissal for lack of jurisdiction.  First, the court held that the contacts were not sufficient to confer personal jurisdiction under the long arm statute.  Second, the court found that the UCCJEA governed custody proceedings, and did not create an independent basis for the trial court to exercise personal jurisdiction.

What does this mean for parties seeking domestic violence protection against an out-of-state spouse or alleged abuser?

For the accused party, we recommend you contact a family law attorney right away to discuss your options and determine whether a motion to quash is appropriate in your case.  If you appear in court or respond to the petition without a lawyer, you will likely waive this important defense.

For those seeking protection, we recommend you be prepared to demonstrate the accused’s contacts with the state of Florida.  If you cannot, you should consider instead seeking an injunction in the accused’s home state, and then having that injunction domesticated and enforced in Florida.

But please don’t take legal advice from a blog post.  These cases are complicated, and it is best to consult an attorney with experience in these matters to get advice specific to your unique circumstances.

Dineen Wasylik and Jared Krukar of DPW Legal represented the winning party on appeal. DPW Legal focuses on assisting parties in navigating complicated procedural issue, both on appeal, and by supporting trial counsel.

Many thanks to the trial counsel in this case, Felicia Williams of Father’s Rights Law, P.A.  who did an excellent job of preserving her client’s rights to appeal and to be heard in the proper jurisdiction.  Check out Felicia’s video on what to do if you are served with a domestic violence injunction.

Timing is Everything With Your Notice of Appeal

Yellow Cab Photo Courtesy Flickr.com/Wackystuff

Don’t miss your ride to the appellate court
by filing your notice of appeal late!


Seeking and receiving an amendment to your final judgment does not toll or alter the time to file a notice of appeal, the Third District recently confirmed.

In Yellow Cab Co. v. Ewing, 3D16-969, 2017 WL 2854407 (Fla. 3d DCA July 5, 2017) [.pdf], the trial court entered a final judgment for Ewing that “incorrectly referred to the defendant as Yellow Cab, Inc., rather than Yellow Cab Company.” Yellow Cab did not appeal this judgment, instead waiting until the trial court entered an amended judgment that merely changed the party name. More than 30 days elapsed from the entry of the first final order before Yellow Cab filed its notice of appeal.

Unfortunately for Yellow Cab, longstanding Florida law establishes that “An amendment or modification of an order or judgment in an immaterial way does not toll the time within which review must be sought.” Id., quoting St. Mortiz Hotel v. Daughtry, 249 So. 2d 27, 28 (Fla. 1971). And a simple change of party name is considered a clerical error—an “immaterial change.” Id. The Third District Court of Appeal was without jurisdiction to consider Yellow Cab’s late appeal, and so it dismissed the appeal as untimely.

The Court’s decision does not really break any new ground, but it appears the Third District intended this opinion as another cautionary tale for the unwary. . Once 30 days has run from the date of the entry of the appealable order without a notice of appeal filed, even where the trial court might later enter an amended judgment, the right to appeal could be lost forever.