Appeals are an important part of the American legal system. The legal systems of all states in this country allow for at least one level of appellate review as a matter of right. The right to seek appellate review comes from the United States and Florida Constitutions. Appellate courts are set up only to review and correct errors committed below. Appeals provide checks on the trial process and help to guide judges on the law in future cases. Lower tribunal judges understand this.
To appeal from an order or judgment of a lower tribunal, the party must have lost, or at least been negatively affected by the order or judgment (this can include not receiving all of the relief requested in the trial court). The appealing party is called the appellant. To prevail in an appeal, the appellant has to show the appellate court that errors occurred in the lower tribunal proceedings, and that such errors were bad enough to reverse the final judgment or order entered in the case. Thus, it is the appellant’s responsibility to (1) identify the problem or error, (2) persuade the appellate court that there is, in fact, error in the final order, judgment, or verdict appealed, and (3) show that the error is so serious that it needs to be sent back to the lower tribunal and corrected, or “reversed and remanded.”
The party opposing the appeal, called the appellee, is the party that agrees with the outcome of the order or trial and will argue during the appeal that the judge's or the jury's decision should be left alone, or “affirmed.” In some cases, the appellee may also disagree with a part of the final order, judgment, or verdict and may file what is called a “cross-appeal.”
The highest appellate court in Florida is the Florida Supreme Court. The next highest appellate courts in Florida are called “District Courts of Appeal.” There are five district courts of appeal, covering specific adjoining counties:
the First District Court of Appeal,headquartered in Tallahassee;
the Second District Court of Appeal,headquartered in Lakeland with a branch in Tampa;
the Third District Court of Appeal,headquartered in Miami;
the Fourth District Court of Appeal,headquartered in West Palm Beach; and
the Fifth District Court of Appeal,headquartered in Daytona Beach.
Circuit Courts may also act as appellate courts in certain types of cases; for example, in an appeal from a county court decision, or when reviewing the actions of a county government agency.The appellate court generally reviews the actions of the lower tribunal, not the actions of the parties. The appellate court focuses on whether the lower tribunal made the right decision. There are a variety of possible outcomes to an appeal. In deciding an appeal, the appellate court may, for example:
• Find error, but hold it was “harmless,” meaning the error did not affect the outcome of the case, and so the lower tribunal’s decision is affirmed just as if there was no error.
• Find error and “reverse” the lower tribunal’s decision, which often (but not always) also results in “remanding,” or sending the case back, to the lower tribunal with instructions regarding further proceedings, such as a new trial or hearing.
• Find error and “modify” the lower tribunal’s decision, which also often (but not always) results in “remanding,” or sending the case back, to the lower tribunal with instructions regarding further proceedings.
• Affirm in part and reverse in part the lower tribunal’s decision, and remand with directions for further proceedings in the lower tribunal.
