Frequently Asked Questions
A notice of appeal must be filed in the clerk’s office of the lower tribunal or court where the order to be reviewed was entered.
Thirty days from the date the order you are appealing is filed in the lower tribunal or court or thirty days from the date an order on a motion tolling the time to appeal is filed. See Florida Rules of Appellate Procedure 9.020(h).
The filing fee for an appeal is $300. The Court accepts cash, money orders or checks made out to Clerk, Fifth District Court of Appeal. There is also a filing fee of $295 for filing a notice of cross-appeal, notice of joinder or motion to intervene.
The Court does not accept faxed pleadings, except when specifically authorized by Court order and the faxed copy must be promptly followed by an original filed in the Clerk’s office.
The Court requires all filers except pro se filers and lawyers who have obtained a hardship waiver from the court to file all documents electronically. Information about how to file electronically can be found by clicking the eDCA tab on the court’s website. Pro se filers and lawyers who have obtained waivers and are filing paper documents should file only one copy.
Documents in a case can be viewed online via the Court’s secure online portal known as eDCA. Once attorneys and pro se litigants have registered with eDCA, attorneys and pro se litigants can access cases in which they are the attorney or party of record. Not all documents in a case will be available electronically on eDCA, but the Court will be continuing to make as many documents available electronically in as many cases as possible. Not all briefs are available electronically, for example, briefs in older cases that were filed before the implementation of eDCA. The docket for all unrestricted cases and the opinions in all decided cases can be viewed on the Court’s website. (Registered attorneys who are not listed with the Court as the attorney of record on a case may obtain electronic copies of briefs filed in a case; however, briefs in confidential cases are only available to the attorneys and parties of record for that case.)
Note that eDCA cannot be used by parties and/or attorneys to view documents filed in any cases other than their own.
Generally, a panel of three judges will decide each case.
Oral argument or OA is when the attorneys in a case appear before a panel of three judges to discuss the issues in the case. A timely request for oral argument must be filed with the Court. See Florida Rule of Appellate Procedure 9.320
Yes. If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Marshal, Charles Crawford, 300 South Beach Street, Daytona Beach, Florida 32114, telephone (386) 947-1544, as far in advance as possible, preferably seven (7) days, before you wish to participate. If you are voice or hearing impaired, call 711 to reach the Telecommunications Relay Service.
There is no set time period for an appeal to be resolved. After the briefing is completed, the Court will set a case for oral argument or conference as the Court’s schedule will allow. Each case is considered individually and the length of time for the Court to render a decision will depend on the facts of the case.
This is something you should discuss with your attorney.
The Court charges $1.00 per page for copies. If the copies are to be returned by mail, a stamped self-addressed envelope must be included with the request. There is an additional charge of $2.00 per page for certified copies.
The Fifth District Court of Appeal is comprised of the Fifth Circuit, including Hernando, Lake, Marion, Citrus and Sumter Counties; the Seventh Circuit, including Flagler, Putnam, St. Johns and Volusia Counties; the Ninth Circuit, including Orange and Osceola Counties; and the Eighteenth Circuit, including Brevard and Seminole Counties.