Florida Real Estate Appeals

Disputes over real property often involve substantial value and lasting consequences, and an adverse judgment in a real estate case can be appealed. The Law Offices of Albert Goodwin, PA handles real estate appeals throughout Florida, representing both appellants challenging an unfavorable ruling and appellees defending a judgment they won at trial. Real estate appeals are a subset of the broader civil appeals the firm handles, and the same strict deadlines and procedural rules apply.

Real Estate Disputes That Reach the Appellate Courts

We evaluate and handle appeals arising from a wide range of real property matters, including:

• Foreclosure judgments — appeals by borrowers and lenders from final judgments of foreclosure, including issues of standing, conditions precedent, and the sufficiency of the evidence. Foreclosure appeals have long been a significant part of Florida's appellate docket.
• Quiet title and title disputes — appeals from judgments determining ownership, boundaries, easements, and competing claims to property.
• Real estate contract disputes — appeals involving breach of purchase agreements, specific performance, and disputes over deposits and closing.
• Construction liens — appeals concerning the validity and enforcement of liens under Chapter 713, Florida Statutes, and related fee awards.
• Landlord-tenant and commercial lease disputes — appeals from judgments involving possession, rent, and lease interpretation.
• Homeowners' and condominium association disputes — appeals involving assessments, covenants, and the governing documents.
• Partition — appeals from orders dividing or forcing the sale of jointly owned property, which we address in detail on our partition action appeals page.

Standards of Review in Real Estate Appeals

The applicable standard of review often determines the outcome. The interpretation of a deed, contract, lease, or statute is a question of law reviewed de novo, giving no deference to the trial court. The entry of summary judgment — common in foreclosure cases — is also reviewed de novo. By contrast, a trial court's factual findings after a bench trial are reviewed for competent substantial evidence, and discretionary rulings, such as the award of attorney's fees, are reviewed for abuse of discretion. Separating the legal questions from the factual ones, and arguing each under the most favorable standard the record supports, is central to a successful real estate appeal.

Final Judgments and Non-Final Orders

Most real estate appeals are taken from a final judgment under Florida Rule of Appellate Procedure 9.110. Some interlocutory orders may be appealed immediately as non-final appeals under Rule 9.130 — for example, orders determining the right to immediate possession of property or granting or denying injunctive relief. Where an order is not directly appealable, a petition for writ of certiorari may sometimes provide review. Identifying the correct vehicle at the outset is essential.

The 30-Day Deadline

A notice of appeal from a final judgment in a real estate case must be filed within 30 days of rendition. This deadline is jurisdictional and cannot be extended once it passes. Because foreclosure sales and the transfer of property can move quickly after judgment, prompt action — and, where appropriate, a stay pending appeal to prevent a sale — can be critical to preserving a meaningful remedy.

Where Florida Real Estate Appeals Are Heard

Real property cases are tried in the circuit courts, and appeals go to the District Court of Appeal for the region — the Third District Court of Appeal for Miami-Dade and Monroe Counties, and the Fourth District Court of Appeal for Broward, Palm Beach, and surrounding counties.

Speak With a Florida Real Estate Appeals Attorney

If you have received an unfavorable ruling in a real estate dispute, or need to defend one on appeal, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411, email [email protected], or visit our contact page. Because the deadline to file a notice of appeal is short and jurisdictional, please contact us promptly.