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Item 9C (ProSe-FLBar) Download

ITEM 9C | WHERE THE APPEAL NEEDS TO BE FILED AND WHAT A NOTICE OF APPEAL LOOKS LIKE

The notice of appeal of a non-final order is filed the same way as in final appeals. See Chapter 8, the Appellate Process and Final Appeals; Chapter 3, Pulling Together the Record on Appeal. In most cases, a party must file the notice of appeal, together with the filing fees, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed. The notice must be designated as a notice of appeal of non-final order.

An example of the general format for a notice of appeal is contained in Florida Rule of Appellate Procedure 9.900 (forms). A notice of appeal in a civil case might look like this:


IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Mr. Smith, Defendant/Appellant
v.
Ms. Jones, Plaintiff/Appellee
Case No.____________
NOTICE OF APPEAL
Notice is hereby given that Defendant/Appellant, Mr. Smith, appeals to the Second District Court of Appeal the order of this court rendered on November 2, 2015. The nature of the order is a non final order which is reviewable as a final order under Florida Rule of Appellate Procedure 9.130 (specify subsection).

[Attach a copy of the order appealed, per Rule 9.130(c)].
________________________
Mr. John Smith
[address, e-mail address, & phone number]

The notice of appeal should also include a certificate of service, which might look like this:

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was furnished to _____________ (name of opposing party), at (address, city, state, zip, and/or e-mail address), by (email) (delivery) (mail) on ___________ (date).
Mr. John Smith
222 N.W. 2nd Street
City, State 11111
Telephone: (234) 567-8901


________________________
Mr. John Smith

Note that if it is the defendant who is appealing, the defendant’s name is listed first in the case name, or “caption,” of the notice of appeal (instead of the plaintiff’s name). A conformed copy of the order(s) identified in the notice of appeal should be enclosed with the notice.
(Florida Bar Appellate Practice Section © 2016)
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