How-To: Initiate a Civil Appeal

Background:	You need to appeal an order/judgment/decision from a lower court
Problem:	You don't know how to initiate the appeal
Solution:	You follow this guide for filing a Notice of Appeal

I. Legal Citations (State - FL)

§120.68 FS | Judicial Review
"(1)(a) A party who is adversely affected by final agency action is entitled to judicial review..."
"(2)(a) Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing a notice of appeal or petition for review in accordance with the Florida Rules of Appellate Procedure within 30 days after the rendition of the order being appealed. If the appeal is of an order rendered in a proceeding initiated under s. 120.56, the agency whose rule is being challenged shall transmit a copy of the notice of appeal to the committee." Rule 9.020 Fla. R. App. P. | Definitions
"(h) Rendition (of an Order). An order is rendered when a signed, written order is filed with the clerk of the lower tribunal."
Rule 9.110 Fla. R. App. P. | Appeal Proceedings to Review Final Orders of Lower Tribunals...
"(b) Commencement. Jurisdiction of the court under this rule shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed, except as provided in rule 9.140(c)(3)."
Rule 9.130 Fla. R. App. P. | Proceedings to Review NonFinal Orders and Specified Final Orders
"(a)(3)(C) Appeals to the district courts of appeal of nonfinal orders are limited to those that... (C) determine... (i) the jurisdiction of the person;"

II. Legal Citations (Federal)

28 USC §1291 | Final Decisions of District Courts
"The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States" 28 USC §1292 | Interlocutory Decisions
"(a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States... or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;" Rule 3 Fed. R. App. P. | Appeal as of Right - How Taken
"(a)(1) An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4." Rule 4 Fed. R. App. P. | Appeal as of Right - When Taken
"(a)(1) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from."

III. Samples

# PDF Comments ₧

1 TBD case. USFLMD. Pro Se Filing. 2020. Partial Dismissal.

2 USFLMD. 2015 | Attorney Filing. Civil. Summary Judgment.

3 USFLMD. 2015 | Attorney Filing. Civil. Final Judgment.

4 USNYWD. 2007 | Pro Se Filing. Civil. Partial. Dismissal. Handwritten Form.

5 USNYWD. 2007 | Pro Se Filing. Civil. Final Judgment. Handwritten Form.

6 USNYWD. 2007 | Prisoner Filing. Civil. Interlocutory. Handwritten Form.

7 USNYWD. 2007 | Pro Se Filing. Civil. Partial. Dismissal. Handwritten Form.

8 USNYWD. 2007 | Attorney Filing. Civil. Final Judgment.

9 USNYWD. 2007 | Attorney Filing. Civil. Final Judgment.

10 USNYWD. 2007 | Attorney Filing. Civil. Final Judgment.

11 USNYWD. 2007 | Attorney Filing. Civil. Summary Judgment.

12 USNYWD. 2007 | Attorney Filing. Civil. Summary Judgment.

13 USNYWD. 2007 | Pro Se Filing. Civil. Dismisssal Order.

14 USNYWD. 2007 | Attorney Filing. Civil. Dismissal Order.

15 DOAH. 2007 | Prisoner Filing. Administrative. Rule Challenge. Indigency Attached.

16 DOAH. 2016 | Pro Se Filing. Administrative. FCHR FO.

17 DOAH. 2017 | Pro Se Filing. Administrative. Tolling. Emailed Notice!!!

18 Duval. 2012 | Pro Se Filing. Civil. Settlement Agreement. Handwritten Form

19 Duval. 1992 | Pro Se Filing. Civil. Eviction.

20 Duval. 2013 | Attorney Filing. Civil. Money Judgment. Handwritten Form

21 Duval. 2011 | Attorney Filing. Civil. Foreclosure. Nice Footnote.

22 Duval. 2019 | Attorney Filing. Civil. Injunction.

23 Duval. 2014 | Attorney Filing. Civil. Interlocutory.

24 Duval. 2017 | Attorney Filing. Civil. Discovery Stay.

25 Duval. 2011 | Attorney Filing. Civil. Government Bid.

26 Duval. 2019 | Pro Se Filing. Civil. Dismissal.

27 Duval. 2014 | Attorney Filing. Civil. Recover Costs & Expenses.

28 Duval. 2017 | Attorney Filing. Civil. Declaratory Relief.

29 Duval. 2017 | Pro Se Filing. Civil. Zodiac Stuff.

30 Duval. 2018 | Attorney Filing. Civil. Mandamus.

#	PDF	Comments	₧
1		TBD case. USFLMD. Pro Se Filing. 2020. Partial Dismissal.
2		USFLMD. 2015 \| Attorney Filing. Civil. Summary Judgment.
3		USFLMD. 2015 \| Attorney Filing. Civil. Final Judgment.
4		USNYWD. 2007 \| Pro Se Filing. Civil. Partial. Dismissal. Handwritten Form.
5		USNYWD. 2007 \| Pro Se Filing. Civil. Final Judgment. Handwritten Form.
6		USNYWD. 2007 \| Prisoner Filing. Civil. Interlocutory. Handwritten Form.
7		USNYWD. 2007 \| Pro Se Filing. Civil. Partial. Dismissal. Handwritten Form.
8		USNYWD. 2007 \| Attorney Filing. Civil. Final Judgment.
9		USNYWD. 2007 \| Attorney Filing. Civil. Final Judgment.
10		USNYWD. 2007 \| Attorney Filing. Civil. Final Judgment.
11		USNYWD. 2007 \| Attorney Filing. Civil. Summary Judgment.
12		USNYWD. 2007 \| Attorney Filing. Civil. Summary Judgment.
13		USNYWD. 2007 \| Pro Se Filing. Civil. Dismisssal Order.
14		USNYWD. 2007 \| Attorney Filing. Civil. Dismissal Order.
15		DOAH. 2007 \| Prisoner Filing. Administrative. Rule Challenge. Indigency Attached.
16		DOAH. 2016 \| Pro Se Filing. Administrative. FCHR FO.
17		DOAH. 2017 \| Pro Se Filing. Administrative. Tolling. Emailed Notice!!!
18		Duval. 2012 \| Pro Se Filing. Civil. Settlement Agreement. Handwritten Form
19		Duval. 1992 \| Pro Se Filing. Civil. Eviction.
20		Duval. 2013 \| Attorney Filing. Civil. Money Judgment. Handwritten Form
21		Duval. 2011 \| Attorney Filing. Civil. Foreclosure. Nice Footnote.
22		Duval. 2019 \| Attorney Filing. Civil. Injunction.
23		Duval. 2014 \| Attorney Filing. Civil. Interlocutory.
24		Duval. 2017 \| Attorney Filing. Civil. Discovery Stay.
25		Duval. 2011 \| Attorney Filing. Civil. Government Bid.
26		Duval. 2019 \| Pro Se Filing. Civil. Dismissal.
27		Duval. 2014 \| Attorney Filing. Civil. Recover Costs & Expenses.
28		Duval. 2017 \| Attorney Filing. Civil. Declaratory Relief.
29		Duval. 2017 \| Pro Se Filing. Civil. Zodiac Stuff.
30		Duval. 2018 \| Attorney Filing. Civil. Mandamus.

IV. Templates

# PDF Comments ₧

1 DOAH | Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")

2 FCHR | Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")

3 Federal | Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")

4 State | Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")

#	PDF	Comments	₧
1		DOAH \| Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")
2		FCHR \| Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")
3		Federal \| Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")
4		State \| Replace the placeholder tags with your information (eg, "[plfName]" becomes "John Doe")

V. Application

Non-Refundable: The [federal] appellate filing fee is non-refundable. "Moreover, fee-paying litigants have no opportunity to obtain a refund of their filing fees in the event that they withdraw their appeals, and nothing in the PLRA suggests that Congress, after making prisoners liable for filing fees, wanted to give them a refund opportunity not available to others."

- see Goins v. Decaro, 364 US 19 (1960)
Potential Extension: The lower court might be lenient towards your 30-day deadline "Typically, under the Federal Rules of Appellate Procedure, notices of appeal must be filed within 30 days from entry of the judgment or order appealed from. Fed. R. App. P. 4. A district court can extend that time if a party files a motion within 30 days after the deadline expires and it shows “excusable neglect or good cause.” Fed. R. Civ. P. 4(a)(5). In addition, the time to file an appeal may be reopened for 14 days if:

(1) the moving party did not receive notice of the entry of judgment or order appealed within 21 days after entry;

(2) the motion is filed within 180 days after the judgment or order is entered or within 14 days of when the moving party received notice of the entry; and

(3) no party would be prejudiced.
Fed. R. App. P. 4(a)(6).

Even if all three prongs are met, however, a district court retains the discretion to deny a motion to reopen. Watkins v. Plantation Police Dep’t, 733 F. App’x 991, 994 (11th Cir. 2018)."

- see DeBose v USF (USFLMD; 6/23/2020)

VI. Quick Commentary

Download as many sample documents as you'd like
Contact TBD if you want more samples
Save the final version as a PDF file.
Handle the Filing Fee
- Pay the filing fee (≈$300); OR
- Apply for a waiver of fees (ie, Application for Civil Indigence
File the document with your appellate court.
- Federal
- Florida

VII. Additional Notes

Total Time needed ≈ 0-1 hours
You do NOT need to send a copy directly to your civil opponent(s). You're not required to. Plus, they can get it from the court's docket.
Tolling: Filing written objections to the lower court's order extends the time to appeal the same order (even if the District Judge entered it)
- See Rule 4(a)(4) Fed. R. App. P.
- See This Example
- Learn How to Object
Read this appellate decision that outlines the process of (and considerations into) filing a Notice of Appeal
- Lacayo v. Puerta de Palmas, 20-11854 US 11th Circuit Court of Appeals (2020)

VIII. Additional resources

Pro Se Handbook (Florida Bar)
Pro Se Handbook (11th Circuit Court of Appeals)
Chapter 9: Appeals, Pro Se Handbook (USNYWD)

IX. Bibliography

PDF: Debose v (USFLMD; 6/23/2020)

X. Conclusion

File this simple Notice of Appeal in your trial court/tribunal in order to officially start your appeal.

...POINTS & THINGS...

Congratulations! You're now booked up on how to start an appeal!

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How-To: Initiate a Civil Appeal

I. Legal Citations (State - FL)

II. Legal Citations (Federal)

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Additional Notes

VIII. Additional resources

IX. Bibliography

X. Conclusion

...POINTS & THINGS...

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How-To: Initiate a Civil Appeal

I. Legal Citations (State - FL)

II. Legal Citations (Federal)

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Additional Notes

VIII. Additional resources

IX. Bibliography

X. Conclusion

...POINTS & THINGS...

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages You Might Also Like

thank you, come again!
TBD 1.037