If you've recently lost a case, or received a judgment you're unhappy with, you might be wondering, "Can I appeal this decision?"
It's a reasonable question, and as Florida litigation attorneys, it's one we get often. The reality is, not every decision from a trial court is immediately appealable, and not every disagreement with a judge's ruling means you have the legal grounds for an appeal.
In this blog post, we'll break down the basics of what makes a trial court decision appealable in Florida, when you can appeal, and how the process works. We'll do it in plain English, so you can understand your options and make informed next steps—whether you're a business owner, property holder, or individual involved in civil litigation.
What Is an Appeal in Florida Civil Court?
An appeal is a legal process where a higher court reviews a decision made by a lower (trial) court. The goal is not to re-argue your case or introduce new evidence. Instead, the appellate court looks at the record of what happened in the trial court and decides whether the law was applied correctly.
If you believe the judge made a legal error, appealing may be appropriate, but it has to meet certain criteria.
Can You Appeal Any Trial Court Decision?
Not alltrial court decisions are appealable right away. In Florida, appeals typically must come from final orders, rulings that end the case entirely.
What is a "Final Order" in Florida?
A final order is a decision that resolves all claims and ends the litigation in the trial court. Once a final order is entered, the trial court has essentially finished its role, and the losing party has the right to appeal.
Examples of appealable final orders:
- A final judgment after trial
- A summary judgment disposing of all claims
- A dismissal of the case with prejudice
What Are Some Examples of Appealable Issues?
Even if you have a final judgment, that doesn't mean an appellate court will reverse it. To succeed on appeal, you usually need to show that the trial court made a legal error that affected the outcome.
Here are some common examples of appealable errors:
- The judge applied the wrong legal standard
- Evidence was improperly admitted or excluded
- The court misunderstood or misinterpreted the law
- The court ruled on an issue that wasn't properly raised
- A party was denied due process or a fair hearing
Appeals don't turn on whether the judge made a "bad call"—they focus on whether the law was applied incorrectly in a way that mattered.
Can You Appeal a Non-Final Order in Florida?
In some cases, yes, but it's limited.
Non-final orders (also called interlocutory orders) are rulings made during a case that don't end the litigation. While most can't be appealed immediately, Florida law allows certain exceptions under Florida Rule of Appellate Procedure 9.130.
Examples of Appealable Non-Final Orders:
- Orders granting or denying an injunction
- Orders determining personal jurisdiction
- Orders determining venue
- Certain rulings in family law and probate matters
If your case involves a non-final order, it's crucial to consult with an appellate attorney to assess whether it's immediately appealable, or whether you'll have to wait for a final judgment.
How Much Time Do You Have to File an Appeal in Florida?
Florida Appeal Deadline: 30 Days
In most civil cases in Florida, you have 30 days from the date the final order is rendered to file a notice of appeal. This deadline is strict. Missing it can mean losing your right to appeal entirely, even if you have a strong case.
It's important to act quickly and get legal guidance immediately after a final judgment is entered.
What's the Process for Appealing a Trial Court Decision?
The Florida appellate process generally follows these steps:
- Notice of Appeal: Filed within 30 days to alert the court and parties.
- Record on Appeal: The trial court's transcript, evidence, and rulings are sent to the appellate court.
- Written Briefs: Both sides submit legal arguments. This is the core of the appeal.
- Oral Argument (sometimes): The lawyers may appear before a panel of judges to argue the case in person.
- Appellate Decision: The court issues a written opinion—either affirming, reversing, or modifying the lower court's decision.
Do I Need a Special Lawyer for an Appeal?
Appellate litigation is not the same as trial litigation. It requires a different skill set, legal research, writing, and the ability to craft persuasive arguments under tight procedural rules.
At Ayala Law, our attorneys handle appeals in both state and federal court. We know how to identify strong appellate issues, preserve the record, and make strategic decisions that give clients the best chance at success.
Final Thoughts: Should You Appeal a Trial Court Decision?
Appeals can be powerful tools, but they're not always the right move. Before pursuing an appeal, you need clear answers to questions like:
- Is this decision final or non-final?
- Was there a clear legal error?
- Did that error affect the outcome?
- Is it worth the time, cost, and risk?
If you believe a trial court made a legal mistake in your case, consulting with experienced appellate counsel is the first step. We're here to review your case and give you an honest, strategic assessment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
