In short: In Florida, a party adversely affected by a final order generally has 30 days from rendition to file a notice of appeal, and the deadline is jurisdictional. An appeal isn’t a new trial: the court reviews the record for legal error. Many appeals end in a per curiam affirmance (PCA), a two-word decision with no opinion that generally can’t be reviewed by the Florida Supreme Court.
Most people imagine an appeal as a second trial. It isn’t. It is a review of what already happened, on the record that was made.
Who Can Appeal
A party to the case who was adversely affected by the order. Some rights can be waived in advance, for example in a settlement agreement or a plea, so read what you sign.
The 30-Day Deadline
A notice of appeal must be filed within 30 days of rendition of the order (Fla. R. App. P. 9.110(b)). The deadline is jurisdictional: if you miss it, the appellate court can’t hear the case. A timely, authorized motion for rehearing can postpone rendition, but many post-judgment motions don’t. Only certain non-final orders can be appealed early (Rule 9.130).
Costs
There is a filing fee in the appellate court and a fee to the trial court clerk, plus the cost of transcripts and preparing the record. Lawyer’s fees are the largest cost. In some cases, a statute or contract lets the prevailing party recover appellate fees.
How the Court Decides
- The court reviews only the record: documents filed and transcripts of hearings. No new evidence.
- Issues not raised in the trial court are generally not preserved.
- The standard of review matters. Legal questions are reviewed fresh; factual findings are upheld if supported by competent, substantial evidence; many rulings are reviewed only for abuse of discretion.
A Win Isn’t Always a New Trial
A reversal might direct judgment for you, order a new hearing, or send the case back for a narrower fix.
After Oral Argument
Decisions can take weeks or months. Oral argument isn’t guaranteed; many cases are decided on the briefs. After the decision, a motion for rehearing or for a written opinion must be filed within 15 days (Rule 9.330).
The PCA
A per curiam affirmance, or PCA, affirms with no explanation. Because there is no opinion, the Florida Supreme Court generally has no jurisdiction to review it. A request for a written opinion is the main tool, and it is rarely granted.
Watch: the videos behind this article
What is an appeal?
Who can file an appeal?
How much time do I have to appeal?
More Short Videos on This Issue
Go Deeper
- Florida Probate Alert: 30-Day Rule for Probate Appeals
- Florida Probate Appeals: The Rules, the Record, and the Reality
- JOHN DANIEL SMITH v. KENNETH EDWARD KEMP, II, ELIZABETH CLAIRE BENTLEY, and PATRONE, KEMP, BENTLEY & MACE, P.A., ET AL.
Frequently Asked Questions
How long do I have to appeal in Florida?
30 days from rendition of the final order to file a notice of appeal. The deadline is jurisdictional.
Does winning an appeal mean a new trial?
Not always. The appellate court may reverse with directions to enter judgment, order a new hearing, or remand for a limited purpose.
What is a PCA in Florida?
A per curiam affirmance: a decision affirming the lower court with no written opinion. It generally can’t be reviewed by the Florida Supreme Court.
Can I present new evidence on appeal?
No. The appellate court reviews only the record made in the trial court.
Talk to a Florida appeal lawyer
Weidner Law, P.A. handles Florida appeals from St. Petersburg. If you need an appeal lawyer in St. Petersburg, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the Florida Rules of Civil Procedure, Appellate Procedure, and Judicial Administration are all on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
