Appellate Review

Question 1

Notice of appeal

Answer 1

Two copies of the notice of appeal are filed in the court from which the appeal is taken and served on all other counsel

Question 2

Timing of filing notice of appeal

Answer 2

Notice of appeal must be filed within 30 days of rendition of the appealable order. A timely filed, written, post-trial motion tolls this period. The 30 days runs from the disposition of that motion.

Question 3

Filing petition for a writ of certiorari or review of nonfinal administrative action

Answer 3

This is filed with the clerk of the appellate court deemed to have jurisdiction, and served on all other counsel.

• the petition must be filed within 30 days of rendition

Question 4

Standard on appeal of writ of certiorari or review of nonfinal administrative action

Answer 4

The standard on appeal is whether the trial court’s ruling is a departure from the essential requirements of law and will cause a material injury to the petitioning party with no adequate remedy

Question 5

Procedure for orders excluding press or public

Answer 5

A petition seeking review of an order excluding the press or public from access to proceedings or to judicial documents is filed in the appellate court. A copy of the petition must also be given to the person who issued the order being appealed.

• the petition must be filed as soon as is practicable after the order being appealed is entered or announced

Question 6

Procedure for review by the Florida Supreme Court of lower court decisions

Answer 6

Two copies of the notice of appeal, accompanied by filing fees, are filed with the clerk of the lower tribunal.

• The petition must be filed within 30 days of rendition of the order to be reviewed.