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Criminal and Traffic Court Records Appeals



An appeal of a lower court decision is a legal process by which a higher court is asked to review the trial court's record and rule on the legal issues raised by the appellant, the person filing the appeal. All other parties in the case are the appellees.

Any party to the case may file an appeal. A Criminal case appeal, 9.140 (Traffic, County Criminal, Circuit Criminal, Juvenile Dependency, Juvenile Delinquency), must follow the Florida Rules of Court Appellate Rule 9.200 for the Record, 9.210 for the brief and 9.900 for the forms.

Traffic and County Court cases are appealed to the Circuit Appellate Court. Circuit Court and Juvenile Dependency or Juvenile Delinquency cases are appealed to the 2nd District Court of Appeals.

The Florida Bar Pro-se handbook for doing your own appeal may be found at
www.flabarappellate.org/asp/pro_sehandbook.asp.

Requirements to File an Appeal

A Notice of Appeal must be filed with the Clerk within 30 days from the date the judgment or order being appealed is filed with the Clerk and must be in the form prescribed by Florida Rules of Court, Appellate Procedures, found in Rule 9.900.

The following is also required to be filed at the same time with the Notice of Appeal:

County Court and Traffic cases:

  • Original Notice of Appeal.
  • Fees made payable to the Clerk of the Circuit Court:**
  • Filing Fee of $281.00
  • Per page fee for copying notice of appeal (including any attachment pages submitted). $1.00 per page.
  • Certification of copy fee (for the Notice of Appeal for Appellate Court). $2.00 for the Appeal.
  • **Additional Records Preparation cost may apply.

Circuit Criminal and Juvenile Dependency or Delinquency cases:

  • Original Notice of Appeal.
  • Dependency Appeals require an Order attached. There is no Filing Fee for a Dependency or Delinquency Appeal.
  • Filing Fees:
  • Filing Fee for Circuit Criminal in the form of a check or money order payable to the 2nd District Court of Appeals (This fee is mailed directly to the 2nd DCA once a case number has been created) in the amount of $300.00

The following fees are payable to the Clerk of the Circuit Court:

  • Filing Fee of $100.00.
  • Per page fee for copying notice of appeal (including any attachment pages submitted). $1.00 per page
  • Certification of copy fee (for the Notice of Appeal for Appellate Court). $2.00 for the Appeal.
  • **Additional Record Preparation cost may apply.

**Please note: The appellant will also be billed a service charge upon preparation of the Record on Appeal on a final order as follows:

A per instrument fee submitted in the Record, A fee for certification, plus postage if the prepared record is to be mailed to the 2nd District Court of Appeals. Payment for these service charges is required to be made before the Record on Appeal will be submitted to the Court. Failure to pay these fees may result in a dismissal of your appeal.

The Clerk will not prepare a record on a non final order unless directed by the Court to do so.

Directions to the Clerk, stating which documents are desired to be included in the Record of Appeal, must be filed within 10 days after the filing of the Notice of Appeal or Appellate Rules 9.200 will be followed when preparing the Record.

There are no hearings in the Appellate Division. All cases are reviewed through the filing of briefs as per Florida Rule of Appellate Procedures 9.210.

If appealing a Circuit Criminal or Juvenile case, please submit briefs directly to the 2nd District Court of Appeals, PO Box 327, Lakeland, FL 33802-0327.

If appealing a Small Claims or County Civil case, please review our Civil Court Records Appeals page.

Other Appeals Filed in Criminal Court

Writs of Certiorari, Writs of Mandamus, and Writs of Prohibition should be filed with the 2nd DCA with exception of Traffic and County Criminal Cases.

  • These are orders appealed from County, or State Divisions
  • The Circuit Court of Appeal reviews these appeals prescribed by Florida Rules of Court 9.030
  • Filing Fee: $400.00.

Where to file and/or get more information:

Questions regarding Criminal, Juvenile or Traffic appeals contact:
Criminal Court Records
14250 49th Street North
Clearwater, FL 33762
(727) 464-7000

Questions regarding Civil case appeals contact:
Civil Court Records
315 Court Street, Room 170
Clearwater, FL 33756
(727) 464-7000

Questions regarding Probate case appeals contact:
Probate Court Records
315 Court Street, Room 106
Clearwater, FL 33756
(727) 464-3321

Links

2nd District Court of Appeals

Florida Rules of Appellate Procedures

Clerk's Commitment: Access to Public Records
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