Chapter 18-1 Introduction

• Jurisdiction: United States

18-1 Introduction

Florida's district courts of appeal provide review of judgments and other orders entered by circuit courts in mortgage foreclosure actions.¹ The state is divided into five districts for purposes of appellate review.² The Florida Supreme Court has jurisdiction to consider rulings by all the various appellate districts, although cases are rarely accepted for review by the Supreme Court.³ Consequently, foreclosure appeals are decided primarily in the five district courts. A decision made by one district binds all trial courts within that district, but also binds trial courts in other districts if those districts have not yet ruled on the issue and there is no inter-district conflict.⁴

In addition to the information contained in this chapter, you'll find discussions about appellate treatment of various cases, examples of reversible error and application of standards of review throughout the other chapters in this book. This chapter will primarily discuss the mechanics of an appeal in a foreclosure action.

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Notes:

^[1] Fla. R App. P. 9.030(b) governs the jurisdiction of the district courts of appeal for final orders of trial courts and non-final orders of circuit courts. It also provides for certiorari jurisdiction and extraordinary writs.

^[2] The District Courts of Appeal and their respective circuit court jurisdictions are as follows:

• First District Court of Appeal (located in Tallahassee)—1st, 2nd, 3rd, 4th, 8th and 14th Circuits
• Second District Court of Appeal (located in Lakeland and Tampa)—6th, 10th, 12th, 13th and 20th Circuits
• Third District Court of Appeal (located in Miami)—11th and 16th Circuits
• Fourth District Court of Appeal

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