Appeals
This website was designed as a preliminary tool for individual, immigrant and investor awareness. It is filled with sources of free information. We do not make any claims regarding the accuracy of information found in this website. Additionally, you should not rely on the information provided herein as some of the information may be outdated. You should consult with licensed attorney and other licensed professionals such as accountants and realtors before making any final decision.
Review of the law, not the facts
When it comes to filing an appeal, one must understand that appellate courts do not hear testimony nor do they review the validity of the testimony. All that the appellate court reviews is whether the trial court properly applied the law and whether the law was constitutional to the facts in the court record. As such, it is crucial that all of the evidence that needs to be presented be done before the trial court.
Standards of Appellate Review
On appeal, the appellate court will review decisions of the lower court based on two separate standards of review. Generally, trial courts are in a better position to determine how to conduct the trial. As a result, trial courts have discretion to make rulings decisions regarding the admission of evidence and how to proceed with the trial. Decisions regarding the same will be reviewed only if the trial court abused of its discretion (very difficult to overturn). Decisions regarding the application of the law and the constitutionality of the law are reviewed de novo (as if the matter was presented for the first time before the court).
Florida v. Federal Appeals
In general Florida district court of appeals review decisions of the various Florida trial courts. The Florida Supreme Court then reviews decisions of the Florida District Court of Appeals. Similarly, Federal circuit court of appeals review decisions of various Federal trial courts. The US Supreme Court then reviews decisions of the Federal Circuit court of appeals. The only exception to this rule is that the US Supreme Court reviews the constitutionality of all State and Federal law. Thus if a party claims that a state statute or ordinance is unconstitutional, that party can seek an appeal before the US Supreme Court. In order to proceed to the US Supreme Court on the constitutionality of a state law, however, one will have to file appeals to the state appellate courts first, then to the state Supreme Court and only then can that party file an appeal before the US Supreme Court.
