The Cost of an Appeal in Florida

One of the first practical questions about an appeal is what it will cost. There is no single answer, because the cost depends on the size of the record, the complexity of the issues, whether transcripts are needed, and whether a bond is required. Still, it helps to understand the categories of expense that make up the cost of a Florida appeal so you can make an informed decision. This page breaks them down. For the steps those costs pay for, see our overview of the Florida appellate process.

Court Filing Fees

An appeal begins with a notice of appeal filed in the lower tribunal, and a filing fee is due at that time — a fee payable to the District Court of Appeal plus the clerk's charge for handling the notice. Compared with the other costs of an appeal, the filing fees are usually modest. Petitions for extraordinary writs and discretionary review have their own filing fees.

The Record and Transcripts

For many appeals, the largest cost is the preparation of the record on appeal, and especially the transcripts. If the issues on appeal require the appellate court to review what was said at a hearing or trial, those proceedings must be transcribed by a court reporter, and transcription is charged by the page. A multi-day trial can generate a substantial transcript bill. Where the appeal turns only on legal questions that can be resolved from the written filings, transcript costs may be limited or unnecessary. Assessing early which transcripts are actually needed is one way to control cost.

Appellate Attorney's Fees

The professional work of an appeal — studying the record, researching the law, and writing the briefs — is typically the most significant investment. Appellate fees are usually based on the time and effort the appeal requires, which in turn depends on the number and difficulty of the issues, the length of the record, and whether oral argument is held. A focused appeal raising one or two clean legal issues costs less to brief than a sprawling appeal with many fact-intensive arguments. We discuss fees candidly at the outset so there are no surprises.

Appeal Bonds and Stays

If you are appealing a money judgment and want to prevent the other side from collecting while the appeal is pending, you will generally need to obtain a stay. Under Florida Rule of Appellate Procedure 9.310, an automatic stay of a money judgment is available by posting a good and sufficient bond, the amount of which is set by the rule and can be substantial. The premium for such a bond is an additional cost to factor in when the goal is to halt enforcement during the appeal.

Can Fees Be Recovered?

In some cases, the prevailing party on appeal may be entitled to recover appellate attorney's fees — for example, where a contract or a statute provides for fees, or where the rules authorize them. A request for appellate fees generally must be made by motion in the appellate court, within the time the rules require. Whether fees are recoverable depends on the legal basis for the claim, and it is something we evaluate as part of the overall strategy.

Weighing Cost Against What Is at Stake

The right way to think about the cost of an appeal is in relation to what the appeal can achieve. An appeal that could reverse a large judgment, undo a forced sale of property, or correct a support or custody ruling may well justify the investment; an appeal with weak grounds may not. We give an honest assessment of both the merits and the likely cost so you can weigh them together before deciding whether to proceed.

Speak With a Florida Appellate Attorney

To get a realistic picture of what your appeal would involve and cost, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411, email [email protected], or visit our contact page.