17 Oct 23

How Long Do I Have to File an Appeal in Florida?

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Last Updated on: 3rd November 2023, 07:11 pm

How Long Do I Have to File an Appeal in Florida?

If you lost your civil or criminal case at trial in Florida and want to appeal, it’s critical to understand how long you have to file your notice of appeal. Miss the deadline and you may lose your right to an appeal completely.

Florida has strict time limits for filing appeals from both civil and criminal cases. Meeting these deadlines requires promptly consulting an appellate attorney.

Criminal Appeals

For criminal convictions in Florida, you generally must file your notice of appeal within 30 days of the sentencing date or order being appealed[1].

This includes appeals of orders revoking probation or community control as well. The 30 days runs from the signing date of the order.

Appealing After a Plea Bargain

If you pled guilty or no contest and are appealing based on an issue that arose before your plea, you must file within 30 days of sentencing.

If the appeal relates to an issue after the plea, you have 30 days from the order you are challenging.

Extending the Deadline

The appellate court can grant an extension of the 30-day deadline, but you must request it before the deadline passes. Your attorney files a motion explaining why more time is needed.

Extensions are limited to 90 days total from the original deadline.

Civil Appeals

For civil cases and administrative orders in Florida, you generally must file your notice of appeal within 30 days of the final order or judgment being appealed[2].

This includes final orders in family court cases, small claims cases, and circuit civil cases.

Appealing Non-Final Orders

To appeal non-final orders in civil cases, you only have 10 days to file your notice of appeal in Florida courts[3].

These include things like orders on motions to dismiss, summary judgment motions, and injunctions.

Requesting an Extension

As with criminal appeals, you can request an extension of the deadline before it passes. But civil extensions are limited to just 10 additional days total.

Appealing Administrative Orders

For administrative decisions from Florida agencies, you have 30 days to file an appeal from the date the order was filed with the agency clerk[4].

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Petitioning the Supreme Court

To appeal to the Florida Supreme Court, you generally must file within 30 days of the lower appeals court’s decision becoming final[5].

Appealing a Denial of a Motion

If appealing the denial of a motion for postconviction relief in a criminal case, you have 30 days from the order denying your motion.

For civil motions after judgment, you have just 10 days to appeal the denial.

Check the Rules of the Court

The specific court rules may provide different deadlines for certain types of appeals, so always consult the Florida Rules of Appellate Procedure for your particular situation.

Ask an Attorney if Unsure

Whenever in doubt about appeal deadlines, ask an experienced appellate attorney. Missing the deadline by even one day can doom any chance of an appeal.

An attorney can ensure your notice of appeal or petition is filed on time to preserve your rights.