Appellate Procedure Cheat Sheet

NON-FINAL ORDERS

 Cross-appeal notice due within 15 days of appellant’s notice of appeal or within the time prescribed for filing a notice of appeal, whichever is later 9.130(g)

  • Initial brief and Appendix are due within 15 days of filing Notice 9.130(e)
  • Answer Brief due 30 days from service of Initial Brief 9.210(f)
  • Reply Brief due 30 days from service of Answer Brief 9.210(f)
  • Cross-reply Brief due 30 days from service of Reply Brief 9.210(f)

FINAL ORDERS

  • Cross-appeal notice due within 15 days of appellant’s notice of appeal or within the time prescribed for filing a notice of appeal, whichever is later 9.110(g)
  • Initial brief due 70 days from filing Notice of Appeal 9.110(f)
  • Answer Brief due 30 days from service of Initial Brief 9.210(f)
  • Reply Brief due 30 days from service of Answer Brief 9.210(f)
  • Cross-reply Brief due 30 days from service of Reply Brief 9.210(f)
  • In any appeal or cross-appeal, if more than 1 initial or answer brief is authorized, the responsive brief shall be served within 30 days after the last initial or answer brief was served. If the last authorized initial or answer brief is not served, the responsive brief shall be served within 30 days after the last authorized initial or answer brief could have been timely served 9.210(f)

Plus, if we are the filing party:

  • Directions to Clerk to include items not in record, if necessary, within 10 days of filing Notice 9.200(a)(2)
  • Designation to court reporter (if transcript not filed) within 10 days of filing Notice 9.220(b)(1)
    • If designation to court reporter is necessary, court reporter to file transcript 30 days from service of Designation 9.220(b)(3)
  • Clerk shall prepare record and serve Index within 50 days of filing Notice 9.110(e)
  • Clerk shall transmit record to DCA within 110 days of filing Notice 9.110(e)

APPELLATE ATTORNEY’S FEES

Motions for Appellate Attorney’s Fees must be filed no later than the deadline for service of the Reply Brief. 9.400(b)

EXTENSIONS OF TIME

Agreed notices accepted for up to 90 days for Initial and Answer Briefs, and up to 15 days for Reply Briefs. 4DCA Admin. Order 2018-1

MOTIONS TO STAY PENDING APPELLATE REVIEW

A party seeking to stay a final or nonfinal order pending review shall file a motion in the lower tribunal. A stay entered by a lower tribunal shall remain in effect during the pendency of all review proceedings in Florida courts until a mandate issues, or unless otherwise modified or vacated. 9.310

REHEARING

A motion for rehearing, clarification, certification, or issuance of a written opinion may be filed within 15 days of an order or decision of the court or within such other time set by the court. Rule 9.330(a)(1)

Created by WARD DAMON paralegals Clelia Patrizio and  Emily Golisch.

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