Kissimmee, FL asked in Appeals / Appellate Law for Florida

Q: When filing a appeal to the Supreme Court of Florida where does the Notice of Appeal get filed?

Does the notice of appeal get sent to the Lower Tribnual's Clerk, like when filing the appeal with the DCA. Or since the Appeal is of the DCA's decission is it filled with the DCA's clerk.

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2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Appeals & Appellate Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: It is not an appeal. It is a petition for writ of certiorari.

Please read the rules of procedure as you are handling this case on your own and you feel confident to do so, you will need to be familiar with them. This cite is not designed as a tutorial.

Also many issues can be resolved by contacting the clerk's office

Keith Upson
Keith Upson
Answered
  • Appeals & Appellate Lawyer
  • Naples, FL
  • Licensed in Florida

A: It depends on what it is you're appealing from the District Court to the Florida Supreme Court. Florida Rule of Appellate Procedure 9.030(a)(1) explains what the Supreme Court must review. Rule 9.030(a)(2) addresses what the Court may review. How you invoke the jurisdiction of the Court - or try to - depends on what it is that is being appealed and which of these categories apply.

If yours is the second category, which seems more likely, then Rule 9.120 answers your question. You can find the current rules here: https://www-media.floridabar.org/uploads/2019/01/Appellate-Court-Rules-01-01-19-Updated-12-06-18.pdf

As always, if it is worth appealing, it is worth calling qualified appellate attorneys for an initial consultation.

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