Knowing when to file a notice of appeal, or a motion for rehearing can be confusing. A recent case tells you not to wait when dealing with non-final orders. Your Florida appellate lawyer should know when to avoid motions and also how you can use them to your advantage. ( Very important: there are special rules for probate appeals. ) Final and Non-Final Orders When handling a matter a trial, the best time to consider an appeal is before your trial begins. Not after the judgment is entered. Are you ready for an appeal if you win? And, maybe more importantly, are you ready for an appeal if you lose? Can you anticipate issues which may be challenging? Like what issues? Evidentiary issues. Hearsay. Even jurisdictional issues. Most people know that you have 30 days for your Florida appellate lawyer to file an appeal. (There are unique and special rules for appealing rulings on attorneys fees.) What does that mean? Florida Appellate Lawyer An appeal is initiated under the Florida Rules of Appellate Procedure. A notice of appeal must filed in the trial court. Pay the filing fee at the District Court of Appeal and with the trial court’s clerk. Start to get the record sent up to the DCA. This means that you need everything in the court docket, and used by the judge, which addresses, or deals with, what you believe is error. This may be more than just the court-filed documents. So, if there was a hearing […]

Are you involved in Florida litigation? Do you need to appeal an order or judgment? A good trial lawyer will know if you can appeal that order now, or whether you have to wait until the end of your case. Sometimes, you want to appeal an order now. But you can’t because the Florida Appellate Court lacks jurisdiction. Most “appealable” orders must be final. A good Florida Appellate Attorney knows that many NONFINAL orders MUST BE appealed now. Rather than waiting to the end of your Florida lawsuit. There are some Florida Appellate Rules which can create a “use it or lose it” 30 day period to appeal an order or judgment. What is Florida Rule of Appellate Procedure 9.130? You may want to read a recent 5th District Court of Appeal opinion. Hollinger v. Hollinger is a quick read to learn more about Florida probate appeals and appellate jurisdiction. Also, to read an April 29, 2021 appellate opinion on appeals and jurisdiction, click HERE. Florida Appellate Rule 9.130 Florida Rule of Appellate Procedure 9.130 discusses what nonfinal orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction. An experienced Florida appellate attorney, like Robert Hauser, Esq. at Pankauski Lazarus, can help you determine whether or not you can appeal a certain order. Hauser […]