How to Appeal a Foreclosure Judgment

 

You first need to read Florida Appellate Handbook for Pro Se. Preparation for appeal starts the day you receive a summons or file a complaint. Defendant must make every attempt to preserve the record for appeal. That includes bringing a court reporter a every single hearing. In state courts, a stenographer is not automatically provided like in Federal court. It is the responsibility of the parties to schedule a stenographer prior to any court proceeding. If there is no transcript for appeal, the appellate court will assume that the decision of the trial judge was correct. I have attended many oral arguments at the District Court of Appeal; it is amazing to see many experienced attorneys filing appeals without any transcript. With no transcript, the chances of a reversal is diminished.

Florida Appellate Time Line

For Final Orders
30 Days: Time to file notice of appeal after entry of final order.
70 Days: Time to file initial brief from the date of the notice of appeal.
20 Days: Time the answer brief is due from the date the initial brief was filed.
20 Days: Time the reply brief is due from the date the answer brief is filed.

For Non-final Orders
30 Days: Time to file notice of appeal after entry of the order being appealled.
15 Days: Time to file initial brief from the date of the notice of appeal.
20 Days: Time the answer brief is due from the date the initial brief was filed.
20 Days: Time the reply brief is due from the date the answer brief is filed.

 

 

Sample Appeal Briefs & Motions

Reference & Manuals

Florida Uniform Citation System

  • Fed. R. Evid. = Federal Rules of Evidence
  • Fla. R. Civ. P. = Florida Rules of Civil Procedures
  • Fla. R. Jud. Admin. = Florida Rules of Judicial Administration
  • Fla. R. App. P. = Florida Rule of Appellate Procedure
  • Fla. Stat. = Florida Statute
  • (R. I/19) = Record on Appeal Volume I Page 19
  • (T 34) = Transcript, Page 34
  • (P. 99) = Page 99 of Appendix

 

 

Common Abbreviations

Id. = Abbreviation used to indicate that the citation is identical to the one just above.
Example"admission of evidence of a life insurance policy must be predicated upon evidence of the defendant's knowledge of its existence, its validity, or believed validity, and that he will benefit therefrom." Id. at 1274 

Supra = Used to refer to a citation previously mentioned in a brief or opinion.
Example: The force and impact of this interest is lessened by the prevailing medical ethical standards, see Byrn, supra at 31.
Pembroke v. Caudill, supra.

Infra = Used to indicate that the citation is mentioned later in the brief or opinion.