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How-To: Write an Initial Brief


Background: You have appealled a decision from a lower tribunal (DOAH/FCHR/Circuit Court)
Problem: You do not know how to draft an appellate brief
Solution: You follow this guide for writing an effective appellate brief (FL)

I. Definitions

Brief
"a written argument concentrating upon legal points and authorities (ie, precedents) used by the lawyer to convey to the court (trial or appellate) the essential facts of his or her client's case, a statement of the questions of law involved, the law that should be applied and the application that he or she desires made of that law by the court. The brief is submitted in connection with an application, motion, trial or appeal.""

II. Legal Citations

Rule 9.100 Fla. R. App. P. | Original Proceedings
(e) Petitions for Writs of Mandamus and Prohibition Directed to a Judge or Lower Tribunal. When a petition for a writ of mandamus or prohibition seeks a writ directed to a judge or lower tribunal, the following procedures apply:
(1) Caption.... (2) Parties.... (3) Response....


Rule 9.210 Fla. R. App. P. | Briefs
(b) Contents of Initial Brief. The initial brief shall contain the following, in order:
(1) a table of contents listing the sections of the brief, including headings and subheadings that identify the issues presented for review, with references to the pages on which each appears; (2) a table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears; (3) a statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal, with references to the appropriate pages of the record or transcript; (4) a summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief, which should not be a mere repetition of the headings under which the argument is arranged, and should seldom exceed 2 and never 5 pages; (5) argument with regard to each issue, with citation to appropriate authorities, and including the applicable appellate standard of review; (6) a conclusion, of not more than 1 page, setting forth the precise relief sought; (7) a certificate of service; and (8) a certificate of compliance for computer-generated briefs.


§120.68 FS | Judicial Appeal
(b) JURISDICTION. —
(1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.
(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.
(3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.


Art. V §4 FL Constitution | District Courts of Appeal
(a) A party who is adversely affected by final agency action is entitled to judicial review.
(b) A preliminary, procedural, or intermediate order of the agency or of an administrative law judge of the Division of Administrative Hearings is immediately reviewable if review of the final agency decision would not provide an adequate remedy.

III. Samples

# PDF Comments
1± TBD case. Pro Se Filing | 1DCA | §760 Case; Employment Discrimination (Race, Sex); Unpled Defense; Due Process
2± TBD case. Pro Se Filing | 1DCA | §120.565 Case; Declaratory Statement
3FCHR Case | 1998 | Pro Se Filing | X Affirmed | 8 Issues (Due Process, ALJ Improprieties, Competent Evidence, Untimely)
4FCHR Case | 1999 | Pro Se Filing | X Affirmed | 14 Issues | Price Waterhouse vs McDonnel-Douglas
5FCHR Case | 2001 | Pro Se Filing | X Affirmed | 2 Issues (Dismissal, Reversible Error, Due Process)
6FCHR Case | 2004 | Pro Se Filing | - Dismissed
7FCHR Case | 2005 | Attorney Filing | X Affirmed | 3 Issues (Disability, Reasonable Accommodation, Competent Evidence)
8FCHR Case | 2005 | Pro Se Filing | X Affirmed
9FCHR Case | 2009 | Pro Se Filing (Daughter) | X Affirmed | 3 Issues (Exhibit Omission, Late PO)
10FCHR Case | 2014 | Attorney Filing | X Affirmed | 2 Issues (Misapplied Law, Competent Evidence)
11FCHR Case | 2015 | Pro Se Filing | X Affirmed
12FCHR Case | 2016 | Pro Se Filing | X Affirmed (Evidence Destruction, Due Process)
13FCHR Case | 2017 | Pro Se | X Affirmed | 1 Issue (Right to a Hearing)
14FCHR Case | 2019 | Pro Se | X Affirmed | Handwritten

IV. Templates

# Word Comments
11DCA Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").

V. Quick Commentary

VI. Conclusion

Use the templates and samples to write an effective Initial Brief at a Florida District Court of Appeals.

Congratulations! You're now booked up on how to write an Initial Brief at a Florida District Court of Appeals!

Please get the justice you deserve.

Sincerely,



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