The Appeals Department processes Appeals for both criminal and civil cases. This includes handling the communications between the various courts that may be involved in an Appeal: the County and Circuit Courts of Duval County, the Fifth District Court of Appeal, and the Florida Supreme Court.
While the Appeals Department can provide general information regarding the appellate process and assists in the filing of appellate documents, the Clerk’s Office cannot provide legal advice. Those needing legal assistance may wish to speak to an attorney.
What is an Appeal?
An Appeal is a legal process in which a ruling by a lower court is reviewed by a higher court to decide whether the lower court’s ruling should stand or be reversed. In other words, if you don’t agree with a court’s ruling, you can ask a higher court to review that ruling and perhaps change it. If you file an appeal, you are known as the appellant. The party against whom the appeal is filed is known as the appellee.
Notice of Appeal
A Notice of Appeal is a document that begins the appellate process. If you wish to appeal a court order or ruling, this document must be filed within 30 days of the date that the sentence was imposed in a criminal case or the final judgment was entered in a civil case.
How to File a Notice of Appeal
The Notice of Appeal must be filed with the Clerk department that corresponds with the court order or sentence being appealed. For example, if you are appealing a sentence in your felony case, you would need to file the Notice of Appeal with the Clerk’s felony department. The Notice of Appeal should be composed as shown in Rule 9.900 of the Florida Rules of Appellate Procedure.
When filing a Notice of Appeal, it must contain a Certificate of Service indicating that a copy has been served on the opposite party. For civil cases, you should also attach a copy of the court order that you are appealing. In criminal cases, this order is needed only if the court requests it.
Effect on Proceedings
It’s important to understand that when a Notice of Appeal is filed, the proceedings in lower court are not automatically put on hold. To stay the lower court’s proceedings, the appellant must file a Motion to Stay with the lower court, and an Order to Stay must then be entered by the lower court.
Current fees for Clerk services can be found by visting the Clerk's fee schedule page at the link below.
Know Your Court
A Notice of Appeal has to be filed within 30 days of the original court’s final ruling.
For civil cases,you must file the original Notice of Appeal as well as two identical copies of it. A copy of the court order being appealed has to be attached to the original Notice and to each of the two copies being filed ( one for the filer, one to serve on the adverse party).
As a self-represented litigant (“pro se”), you may file an appeals case without an attorney. Note that the Duval County Clerk of Court cannot offer legal advice and you are still required to comply with the Florida Rules of Appellate Procedure and all orders of the court.
In order to assist pro se filers, the Appellate Practice Section of the Florida Bar has created the Pro Se Handbook for your reference.
All appeals from county courts will go to the 5th District Court of Appeals. Please see Florida Rules of Appellate Procedure Rule 9.030 to determine to which court you must file your Notice of Appeal. You may also reference the “Know Your Court” graphic above.
Monday through Friday (excluding holidays): 8:00 a.m. – 5:00 p.m.
Duval County Clerk of Courts
Attn: APPEALS DEPARTMENT
501 West Adams Street, Room 1228
Jacksonville, FL 32202