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Miami-Dade County Clerk of the CourtsHarvey Ruvin

Appellate Division

Types of appeals heard by the Appellate Division

  • Administrative appeals
  • Petitions for writ of certiorari
  • Appeal of a traffic case
  • Parking appeals

The Appeals Unit is located on the 3rd floor of the Miami-Dade County Courthouse East Building.

Notices or Petitions are to be filed with the Civil Division, Appeals Unit, 22 NW 1st Street Miami, FL 33128 Room 301.

The Notice or Petition may also be filed at the court location in which the case on appeal was heard. If this is done, please fax a copy to 305-679-1113.

Requests for the status of a matter pending before the court can be directed to the Appeals Unit at 305-679-1007.

Please be advised that the clerk cannot give any legal advice or provide the name of the judge considering the matter.

Notice of Appeal

The notice of appeal shall be substantially in the form prescribed by rule 9.900(a) as follows:

  • The caption shall contain the name of the lower tribunal, the name (including the address) and designation of at least one party on each side, and the case number in the lower tribunal
  • The body of the notice shall contain the name of the court to which the appeal is taken, the date of rendition of the order being appealed, whether the appeal is on a final or non-final order and the nature of the order to be reviewed

A conformed copy of the order or orders designated in the notice of appeal shall be attached to the notice together with any order entered on a timely motion postponing rendition of the order or orders appealed, except in criminal cases.

Record on Appeal

The Record on Appeal is prepared in compliance with the Florida Rules of Appellate Procedure 9.200 or 9.141, as applicable. It is the responsibility of the appellant or appellant’s counsel to ensure the timely filing of transcripts or depositions with the Clerk of the Courts Appellate Section. Please note the following:

Payment Required

Preparation of the index requires a deposit with the clerk. A final statement of cost will be mailed if the deposit does not cover the cost for the record. Upon receipt of your payment, you will be mailed a copy of the Index.

Directions 

The Record on Appeal will be prepared pursuant to Fla. R. App. P. 9.200(a)(1), unless the appellant, within 10 days of the filing of the Notice of Appeal, directs the clerk otherwise pursuant to Fla. R.App.P.9.200(a).

Designations 

Designations must be filed with the clerk within 10 days of the Notice of Appeal. Copies of the designations must be filed on the court reporter.

Exhibits

All paper exhibits are included in the record. If a party desires to include any oversized or physical evidence, they must seek permission from the court.

Briefs

  1. An original and three copies of all briefs must be filed with the Court
  2. Pursuant to appellate rules 9.110(4)(f), 9.130(6)(e), and 9.140(g), your initial brief is due within the prescribed times as noted below, subject to any orders tolling the time for said filing
    - Civil and administrative appeals: rule 9.110(4) (f) appellant’s initial brief shall be served within 70 days of filing the notice
    - Appeal on non final orders: rule 9.130(6) (e) appellant’s initial brief, accompanied by an appendix as prescribed by rule 9.220, shall be served within 15 days of filing the notice
    - Criminal appeals: 9.140(g) initial briefs shall be served within 30 days of service of the record or designation of appointed counsel, whichever is later
  3. Unless otherwise required, the answer brief shall be served within 20 days after service of the initial brief; the reply brief, if any, shall be served within 20 days after service of the answer brief
  4. The original and three copies of all briefs shall be securely bound in book form or be securely stapled in the upper left corner
  5. When filing an appendix, four bound copies of the appendix must be submitted

Motions

An original of all motions must be filed with the Court.

Appeal Filing Check List

  • Notice of appeal or petition with copy of order being appealed attached
  • Name and address of all parties included on notice, petition or attached order
  • Filing fees and record deposit
  • Original of any brief filed
  • Directions and designations filed within 10 days of filing of the notice of appeal

Circuit To Third District Court Of Appeals

The Third District Court of Appeal is located at:
 
2001 SW 117 Avenue
Miami, FL 33175

A filing fee in the amount listed below must accompany the Notice of Appeal. The clerk accepts cash, money orders, checks and credit cards.

Fees for County Civil Appeals, Traffic, Misdemeanor, Writs of Certiorari, Parking and Criminal Domestic Violence:
  • $281 appeal to circuit court
  • $1 per page
  • $2 certification fee

Administrative Appeals:
  • $281 appeal to circuit court

Record Preparation Deposits:
In addition to the filing fees, a records preparation deposit is required when the appeal is filed in the following amount:
  • $100 for County Court Civil & Parking
  • $250 for Traffic and Misdemeanor Appeals, Criminal Domestic Violence

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