How to Appeal a Probate Court Decision in Florida
If you have received an unfavorable decision from a Florida probate court, you have the option to file an appeal with the appropriate district court. In Florida, the courts that hear appeals from trial courts are known as district courts. An appeal is not another chance to litigate your case. Instead, an appeal asks a higher court to review the original record and determine if the lower court committed a harmful legal error that impacted the outcome of your case.
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Instructions
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Confirm that your case qualifies for appellate review. In most cases, your case must have reached the final order stage before it can be appealed. In some limited circumstances the appellate court can review non-final orders, according to the Florida Rules of Appellate Procedures 9.130, as well as other, non-final orders in exceptional circumstances where the court may use its extraordinary writ jurisdiction.
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Research the time frame within which your appeal must be filed. Time frames for appeals are generally 30 days and can be found in the Florida Rules of Appellate Procedures.
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Prepare the Notice of Appeal. The Notice of Appeal is filed with the probate court clerk and is then forwarded to the proper District Court for the Appeal.
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Pay the required fees to the probate court clerk. As of 2010, the filing fee for an appeal was $300. The lower court---in this case the probate court---will also charge a fee for preparing the record to send up for the appeal. A court reporter will also need to transcribe the proceedings and will charge an additional fee for the transcription.
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Inform the probate court what records and documents you want sent up to the appellate court. This needs to be done within 10 days of the notice of appeal.
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Prepare a brief in support of the appeal. In it, explain why you feel the lower court erred in its decision. Consult the Florida Rules of Appellate Procedure for technical requirements for the brief as well as requirements regarding who must be served with a copy.
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Tips & Warnings
An appeal is a very complicated legal procedure, and you should consider retaining and attorney to represent you.
