Chapter 18-2 Initiating an Appeal

• Jurisdiction: United States

18-2 Initiating an Appeal

Initiating an appeal requires that the appealing party file a petition or a notice of appeal (depending on the nature of the appeal) with the trial court, attaching the order being appealed and advising that the subject order is being appealed to the appellate court with appropriate jurisdiction.⁵ Even if the appellant files a notice of appeal in the wrong lower court, it will be transferred by the clerk to the correct court⁶ At the same time of the filing of a notice of appeal, the appellant must also pay a filing fee to the circuit court clerk, part of which is then paid by the circuit court to the applicable appellate court.⁷ If the filing fee is not timely paid, the appellate court will issue an order warning that non-payment may result in the eventual dismissal of the appeal, but the non-payment of a filing fee at the same time as a notice of appeal will not automatically result in the immediate dismissal of an appeal because the filing fee is not jurisdictional.⁸

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Notes:

^[5] For exmple, a Notice of Appeal filed with the intent to appeal an order entered by a judge in the 15th Judicial Circuit of Palm Beach County should reference that the appeal is being taken to the Fourth District Court of Appeal.

^[6] See Alfonso v. Dep't of Envtl. Regulation, 616 So. 2d 44, 47 (Fla. 1993) (the date of filing for jurisdictional purposes is the date of filing in the incorrect court).

^[7] Fla. R. App. P. 9.110(b).

^[8] Jones v. Peninsula Motor Club, Inc., 558 So. 2d 517, 518 (Fla. 1st DCA 1990); Mills v. Avon Park Motor Co., 223 So....