Appeals
In this section I will introduce the reader to information concerning appeals in Florida. We will focus on the appellate review of criminal cases in Florida. InFlorida the rules of appellate procedure are the rules that govern appeals from all courts throughout the state, including criminal trial courts in Fort Lauderdale, Miami, West Palm Beach, Broward County, Palm Beach County and all other jurisdictions within South Florida.  These rules are available online in Florida from the Florida Supreme Court website, as well as the Florida bar website.  South Florida, with a concentration in Fort Lauderdale andMiami, has the greatest number of appellate lawyers practicing in Florida.

Jurisdiction
Basic to any understanding of appellate review in Florida is the concept of jurisdiction. Courts are created by statute, or by the Florida Constitution. Each court functions within its own area of responsibility, this means jurisdiction. All courts in Florida are of limited jurisdiction, that means they are empowered by statute or constitution as to what they can and cannot rule on. Some example of courts of limited jurisdiction in Fort Lauderdale and Miami are the County courts and the Fort Lauderdale and Miami circuit courts. Throughout South Florida, and Fort Lauderdale County courts can only deal with matters of less than certain dollar amounts and misdemeanors. Circuit courts, with your trial divisions in the Fort Lauderdale courthouse, and the Miami courthouse, have jurisdiction over cases and controversies in excess of $10,000.00 and felony matters. Therefore the first issue before any court in Florida is the question of jurisdiction. Appellate courts have jurisdiction circumscribed by Florida statute and Florida constitutional law.

The Right To Appeal in Florida
In Florida the right to appeal from a decision or a final judgment by a court is limited by statute.  This means if you are on trial in Fort Lauderdale or Miami, In the context of a criminal case a defendant may appeal as a matter of right but only in certain listed, or enumerated circumstances. By statute a defendant who has been sentenced to death has a right to appeal as a matter of law both the judgment and the sentence. The Florida Supreme Court has ultimate jurisdiction on death penalty cases. In Florida the government has a limited right to appeal decisions in criminal cases. Florida criminal statutes narrowly construe the rights of the state to appeal what it considers as an adverse ruling in a criminal case.

The Florida Courts Must Advise Criminal Defendants
In Florida it is the responsibility an affirmative duty of a trial court judge to advise a criminal defendant of their rights to appeal. The judge must inform the defendant of his rights and of the time limitations. In all trial parts throughout Florida, at the conclusion of the trial the judge must advise the defendant of his rights to appeal. Most cases involving appeals rising from improper or inadequate trial court actions arise from the criminal trials conducted in Fort Lauderdale, and Miami. For this reason the appellate divisions that cover South Florida, which includes Broward, Fort Lauderdale, and Miami, have the most active dockets.

What if You Cannot Afford an Appeal in Florida?
Florida law, by Constitution, grants equal protection of the laws to all persons. Being poor, or indigent, does not lessen your right to appeal. If you cannot afford a private attorney the state will provide a criminal attorney to handle your appeal, either a public defender or a private attorney who specializes in appeals work.   If there is a conflict for the public defender, a private attorney will be appointed. In the case of indigent criminal defendants in Florida the cost of filing an appeal can be waived.  The overwhelming number of indigent cases arise from criminal trials conducted in Miami and Fort Lauderdale. Criminal defense attorneys in South Florida are therefore usually more familiar with Florida indigent criminal defendant rules.

The Rights of Indigent Defendants
Being without sufficient funds to hire a private attorney does not mean you lose your right to appeal. The appellate division of the public defender's office which covers South Florida, Fort Lauderdale, Miami and West Palm Beach, as the largest staff of criminal Defense appellate lawyers in the state of Florida.

Once an indigent defendant has requested an appeal he is entitled to an appellate lawyer as well as the costs of preparing transcripts and the cost of preparing the final record. The Florida clerk in the appellate courts must by statute both advise the defendant of his rights and provide a copy of the trial record to his attorney, whether it be a public defender in Florida or a private criminal defense lawyer in Florida.  Because of the high number of indigent appeals coming from criminal trial courts in South Florida, with a concentration of appeals arising from Fort Lauderdale and Miami criminal courts, the clerks in South Florida courts are most familiar with the rights of indigent appeals.

Jurisdiction of Appellate Courts in Florida
In Florida the appellate courts have the responsibility of reviewing decisions by lower courts and correcting errors. The purpose of an appeal is to review the legality, constitutionality, and exercise of independent judgment by lower courts. Appellate courts review both errors in law, and abuse of discretion byFlorida judges.

When an appellate court in Florida assumes jurisdiction of the case it has the power and discretion to consider all issues which are raised appropriately. If an objection is not properly made at trial it will not be reviewed by an appellate court unless the error rises to fundamental.

Fundamental Error
Fundamental error goes to the heart of the entire process. Fundamental error is always subject to appellate review. Non-fundamental error by trial courts will not be reviewed unless an objection is properly made at the trial level. In Florida criminal defense attorneys must always protect your rights by objecting in a timely manner and the error committed during the trial. If you are arrested in South Florida and brought to trial before a jury in Fort Lauderdaleor Miami and that the trial the South Florida criminal defense attorney fails to enter an appropriate objection before the court your rights to appeal in Floridaare very limited. Florida criminal defense attorneys can be disciplined or punished by the Florida bar for these errors. Criminal defendants often lose the right to appeal important issues when an objection is not made in a timely manner at trial. There is no substitute for experience for trial attorneys, and sadly there is limited review of non-fundamental errors committed in trial unless a timely objection is made.

In the case of a fundamental error, which means an error committed in the trial of a case that goes to the fairness of the procedures or the totality of the evidentiary case, it is always subject to review. In Florida the appellate courts go to great lengths to clarify the difference between fundamental error and non-fundamental error.  Because South Florida, especially trial divisions in Fort Lauderdale and Miami, have such a heavy load of criminal cases most of the important appellate decisions in South Florida concerning fundamental error have been and are fully explored in the Florida appellate cases.

Because fundamental error is such a fertile area of appeal, you should consult a South Florida criminal defense attorney with an active practice in Fort Lauderdale and Miami about your concerns.

Reviews of Statute by Florida Appellate Courts
The Florida Supreme Court has a constitutional mandate to rule on questions of jurisdiction, constitutionality, and interpretation of Florida criminal laws. Appeals to the Florida Supreme Court on the question of the constitutionality of a criminal law or its interpretation are appeals of right in Florida.

If you were convicted after a criminal trial in Fort Lauderdale and raise an issue concerning the interpretation of the criminal statute, it is as a matter of right appealable  to the Florida appellate courts. 

Florida Appellate Jurisdiction Over Judgments of Trial Courts
The Florida Supreme Court has jurisdiction to review final judgments of circuit courts imposing the death penalty. The Florida Supreme Court has discretionary jurisdiction when it wants to exercise such to review District Court of Appeal decisions. The Supreme Court most often rules on cases when it finds a conflict between Florida appellate districts. Think of the appellate system in the context of a pyramid. At the bottom of the pyramid are trial courts, they report to appellate courts, the Supreme Court can reach as far down as a trial court to review decisions. The Florida Supreme Court can also exercise jurisdiction when there are conflicts between Florida appellate divisions.

District Courts of Appeal
In Florida a District Court of Appeal is required to review final orders entered by a trial court which are not by law be viewable by the Florida Supreme Court, or a Florida circuit court.

Florida district courts have discretion to review final orders of County courts which can be appealed to a Florida circuit court. If this is confusing to you the reader it is often a matter of confusion by Florida criminal defense lawyers. For that reason appeals are handled by specialists in Florida who are or obtain special qualifications such as board certified appellate lawyers. Board certification for appellate lawyers also distinguishes differences between appellate lawyers who deal with civil matters and appellate lawyers who deal with criminal matters.

District Courts of Appeal have jurisdiction to make appellate decisions as a matter of right from final judgments or final orders of Florida circuit trial courts. InFlorida by Constitution no one has a right to appeal a decision unless an appeal is granted by statute or appeal is a matter of right under the Florida Constitution.

Appeals of a Sentence
If a person is convicted of a crime in Florida,  you must file a notice of appeal within a limited number of days. A Florida criminal defense attorney can best advise you on the time limitations and requirements for an appeal. A basic understanding of Florida appellate rights of Florida criminal defendants is that a notice of appeal must be filed within 10 days of the entry of judgment. If that deadline is missed there is a process to perfect an appeal.

A sentence imposed by Florida court upon a criminal defendant may be appealed if the sentence is unlawful, or vengeful. In Florida a sentence is unlawful only if it is outside of the statutory limits of the Florida punishment code or in excess of the statutory limit for the felony charged.

Appeals by the State
Florida criminal law limits what the state meet appeal. The state may appeal an order dismissing a criminal indictment, or a prosecutor information or any of the counts of a indictment. The state may appeal an order dismissing an affidavit charging the commission of a crime in Florida. The state may appeal an order granting a motion to suppress by a trial court. The state may appeal an order granting a new trial on the basis of a speedy trial violation or discharge based on a writ of habeas corpus. The state may appeal a question of law raised by a defendant on appeal. The state cannot appeal an acquittal entered by a jury or a finding of not guilty except under very limited circumstances.

How to Raise an Issue For Appeal
An issue raised at trial may only be appealed only if it is properly preserved by the trial.  An issue for appeal is only properly preserved when there is a contemporaneous objection at trial. The objection must identify both the evidentiary issue or legal issue objective and must clearly state the basis of the objection in law. Merely stating an objection without the legal reason for the objection does not properly put the trial court on notice of the issue. If there is an improper objection or the objection does not clearly state its basis, then it is a improper objection and is not preserved for appeal.

Jurisdiction and Appeals
In Florida, when a criminal defendant has appealed an issue from the trial court the trial court no longer can act. This is called removal of jurisdiction. It becomes very important if an appeal is filed before of the trial court is given an opportunity to correct an error. In Florida, after a criminal trial, the trial attorney must properly put before the trial court any objections Florida trial courts review. The trial court must rule to correct any errors before they can be brought to an appellate court.

Once jurisdiction has been removed from the trial court it can only be returned to the trial court by relinquishing the appeal.  If you have been arrested inFort Lauderdale and tried before your Broward County judge and the trial resulted in your conviction you must first file a motion before the Florida trial court before your appeal. You will file a motion for a new trial with the trial court judge in Fort Lauderdale, before you file an appeal for a new trial with the Florida Court of Appeals. If you are sentenced by your trial judge in Fort Lauderdale you must first request the court re-sentence you before you may appeal the sentence. Once you file an appeal to a Florida appellate court you effectively remove jurisdiction from the Fort Lauderdale trial division and the judge is powerless to give any relief.

The Fundamental Error in Florida Trial Courts
Fundamental error is defined as an error which rises to the level of a due process violation and does not require contemporaneous objection. By example, if you are on trial in Fort Lauderdale, or any criminal court in South Florida, and the judge permits a trial to go forward after a valid constitutional issue's been raised the Florida appellate courts can review that issue even without a contemporaneous objection. Unlawful sentence by your trial court is fundamental error which can be reviewed without a properly framed objection in the Fort Lauderdale trial court.

South Florida, Miami, Fort Lauderdale or all in different appellate divisions. Miami has its own appellate division. Fort Lauderdale, which is in BrowardCounty, is included in the fourth district court of appeals, which also has jurisdiction over Palm Beach County courts.

Review of Abuse of Discretion Cases
Trial court judges are granted discretion in many areas of the law. A discretionary decision usually occurs in the context of testimonial evidence heard by the trial judge.  Appellate courts only review abuse of discretion issues when they are properly raised at the trial court level. If you are on trial in Fort Lauderdale or any court in South Florida your judge must make decisions based on testimony. Appellate courts are very reluctant to review discretionary decisions made by trial court judges without a clear showing of abuse of discretion.

Review of Trial Court Findings in South Florida
In Florida, in its most active trial divisions in Fort Lauderdale and Miami, juries are called on daily to make decisions and fact-finding. Florida appellate courts will not review or re-weigh evidence unless there is a clear showing of abuse of discretion by the Florida trial judge or there is no basis in fact for the jury to have drawn its erroneous conclusions. Florida appellate courts are reluctant to review sufficiency of evidence without a clear showing of abuse of discretion or a showing of insufficient evidence to support a finding of fact by the trial jury.

What is Harmless Error in Florida?
As a rule, throughout Florida, in its most active criminal trial parts in Fort Lauderdale, Miami and West Palm Beach, appellate courts framed their review decision in terms of harmless error versus fundamental error. Paragraph armless era in South Florida courts occurs when there is overwhelming evidence to support a conclusion, and the error does not go to the heart of the judicial process. So if you are on trial in Fort Lauderdale or Miami and there is overwhelming evidence of guilt, nonetheless there is some error: the court will not review the error if it is of a minor nature and does not go to the heart of the process. Florida appellate courts usually talk in terms of overwhelming evidence, or lack of evidence to support a finding.