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

III. Forms

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

IV. Quick Commentary

V. Additional Notes

VI. Additional resources

VII. Conclusion

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

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

Please get the justice you deserve.

Sincerely,



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