How-To: Initiate a Civil Appeal

State (FL)

Federal

• 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."

• 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)."

• 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

• 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)

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

• Goins v. Decaro, 241 F.3d 260 (2nd Cir. 2001)
• Lacayo v. Puerta de Palmas, 20-11854 US 11th Circuit Court of Appeals (2020)
• Watkins v. Plantation Police Dep’t, 733 F. App’x 991, 994 (11th Cir. 2018)

• PDF: Debose v (USFLMD; 6/23/2020)