How Long Does an Appeal Take?
How Long Does an Appeal Take in Florida?
“How long does an appeal take in Florida?” The question isn’t easy to answer, because appeals vary considerably. But in Florida, a “standard” civil appeal generally takes between 10 and 15 months. Here’s a breakdown of Florida’s appeal timeline.
Florida Appeal Timeline: Notice of Appeal and Initial Steps
In the Florida appeal timeline, one of the most crucial steps happens in the first month. Generally, the appellant must file a notice of appeal within 30 days of the order that’s going up on appeal. If this deadline is missed, the appellate court won’t have jurisdiction.
Calculating this can be difficult, because certain motions can “toll” or pause the 30-day timeline—but only if the order is final. Determining whether an order is final, and therefore whether post-order motions will “toll” the time, can be tricky, even for experienced attorneys.
How Long Does the Appeal Process Take: Record on Appeal and Transcripts
When considering how long the appeal process takes, , the record on appeal and transcripts play a significant role in timing. Within 50 days of the notice of appeal, the clerk of the lower court creates an index for the record on appeal.
This record contains the bulk of filings from the lower court, and it’s the only evidence, besides transcripts, that the appellate court will consider. Once the index is paid for, the record on appeal (often a large PDF) is transmitted to the appellate court.
Transcripts can be filed below and included with the record on appeal or provided separately by either the appellant or appellee.
How Long Do Appeals Take? Understanding the Briefing Schedule
A major factor in determining how long appeals take is the briefing schedule. Within 70 days of filing the notice of appeal, the initial brief is due. This initial brief is where the appellant presents their argument about why the lower court erred, and preparing it typically consumes the bulk of an appellate attorney’s time during the appeal process.
To learn more about the briefing process and why it’s so important, you can read about the steps of the appeal process here.
However, the deadline for the initial brief is often extended due to delayed records, missing transcripts, or competing deadlines. Courts generally allow for 90-120 days of agreed extensions for the initial brief, regardless of whether the opposing side agrees.
Once the initial brief is filed, the appellee has 30 days to submit the answer brief. This step is likewise prone to delays, especially if the appellee has no urgency to push the case forward. Finally, the appellant’s reply brief is due 30 days after the answer brief, and appellate courts tend to enforce this deadline more strictly.
How Long Does the Florida Appeal Process Take from Perfection to Decision?
Many litigants wonder, ‘How long does the Florida appeal process take from perfection to decision?’ because this phase can vary dramatically. After the appeal is “perfected”—meaning the reply brief has been filed—the case is assigned to a panel of three judges. One judge takes primary responsibility, and a clerk will likely draft a memorandum analyzing the merits of the appeal.
However, every judge’s chambers operates at its own pace, and even judges have little control over their workloads. Some judges are fast; others are slower. The same is true for appellate law clerks. Once the appeal is perfected, it could take anywhere from two to twelve months on average for a decision.
After Perfection – PCAs, Opinions, Concurrences, and Dissents
The amount of time it takes a panel to decide your case often (but not always) signals whether the panel is writing an opinion or simply affirming the decision. The most common outcome is a single word—“Affirmed”—sometimes accompanied by a brief case citation, known as a “per curiam affirmance” or PCA. This happens in nearly 80% of appeals and is usually resolved the fastest. If your case is decided within two or three months after perfection, receiving a PCA is not uncommon. To minimize the risk of a PCA, people serious about overturning a lower court decision often hire appellate counsel.
The second most common outcome is a unanimous reversal, which requires a written opinion. Because drafting an opinion takes time, these decisions are slower. If your case has been perfected for eight months, it’s reasonable to hope for a reversal.
Another possibility is a unanimous affirmance with a written opinion, suggesting that while the trial court’s decision stands, the appellate court considered the issues worthy of written analysis. Often, this occurs when an error was harmless or precedent dictated affirmance.
Lastly, a case may involve a majority opinion with one or more concurrences or dissents. These take the longest to resolve, as judges may revise their opinions multiple times before the final decision is issued. This process can extend the timeline by many months, sometimes over a year.
After the Opinion Issues
Depending on the outcome—reversal, affirmance, or PCA—different options remain available to the losing party. If the case is reversed or affirmed with a written opinion, the losing party can seek a rehearing within 15 days. For cases resolved by a PCA, the losing side may request a written opinion, although this is rarely granted.
Finally, depending on the legal issues involved, the losing party might appeal to the Florida Supreme Court. However, this is uncommon because, unlike the Florida District Courts of Appeal that hear all final-order appeals, the Florida Supreme Court has limited and discretionary jurisdiction. This means there’s no automatic right to appeal. All these factors, including possible motions for rehearing or additional steps in the Supreme Court, can ultimately influence the length of an appeal in Florida.