FLORIDA DISTRICT COURTS OF APPEAL STATEWIDE

Florida is divided into five District Courts of Appeals. They hear any appeal from the Circuit and County Courts within their jurisdictions.

Every final judgment from a felony criminal case, if appealed, will be heard by a District Court of Appeals. For County Court convictions, such as DUI’s, the direct appeal will be heard by the Circuit Court, Appellate Division. The losing party, in order to appeal to the District Court of Appeals, would need to file a Petition for Common-Law Certiorari. This is a request by the District Court of Appeals to hear the case.

A criminal defendant has an absolute right to appeal his conviction and sentence. If he or his family cannot afford to hire a lawyer, and the Circuit Court agrees, then counsel could be appointed. For anyone who has been found guilty of a serious felony crime, and has been sentenced to State prison, effective representation on appeal may be the only way possible to regain your liberty. Having a qualified criminal appeals lawyer is a necessary part of that fight.

The appeals process is started by the filing of a one-page document called a Notice of Appeal accompanied by the required filing fee. After that, the Clerk gathers together the Record on Appeal. In addition to all of the charging documents, judgments of conviction, and any pre or post-trial motions filed by the State or the defendant, the transcript of the trial and any other necessary hearings will be included in the Record on Appeal. When a Circuit Court has decided a criminal case against a defendant, he or she has an absolute right to appeal the conviction and sentence. In a criminal case, the State’s right to appeal is limited. If a criminal defendant goes to trial and is found not guilty, there is no appeal by the State. Usually, the State’s right to appeal is limited to Orders entered by the Circuit Court suppressing evidence or dismissing cases before trial.

Jurisdiction of the District Courts of Appeals can also be obtained through the filing of certain Writs. For instance, an Order denying a defendant’s Motion to Dismiss for violating the Speedy Trial Rule or to discharge based on double jeopardy can be immediately brought to the attention of a District Court of Appeals by way of a Petition for Writ of Prohibition. A denial of bond can be brought to the District Court of Appeals by way of a Petition for Habeas Corpus. Understanding how to use Writs strategy is an essential part of appellate practice in the State of Florida. In an appropriate case where the defendant is indigent, the Court may approve the State paying for the costs of the transcripts and gathering the Record on Appeal.

The appellant, who is always the party who filed the Notice of Appeal, files the Initial Brief. The Appellee, who is always the party who won the case in the trial court, will file an Answer Brief. The Appellant will then have an opportunity to file a Reply Brief. Under limited circumstances, cross-appeals are permitted. Oral Argument can be requested, but whether it is granted is up to the Court.

Charles G. White has handled hundreds of appeals to Florida’s District Courts of Appeals. His experience and knowledge of the appeals process, and the legal issues that can be raised that have the best chance of achieving the goal of the appeal. Mr. White has convinced the District Courts of Appeals to overturn jury verdicts, suppress evidence, reduce sentences, and force trial courts to conduct evidentiary hearings on Motions for Post-Conviction Relief.