HCBA Lawyer Magazine No. 31, Issue 4 | Page 28

FLORIDA OVERHAULS COURTS ’ APPELLATE JURISDICTION
Appellate Practice Section Chairs : Joe Eagleton – Brannock Humphries & Berman and Chance Lyman – Buchanan Ingersoll & Rooney
With most circuit court appeals heading to district courts of appeal , Florida practitioners must ensure they are seeking review in the correct court .

Historically , circuit courts reviewed orders of county by statute . 2 Effective January 1 , the by repealing section 924.08 , courts and some legislature significantly changed

Florida Statutes . With these
administrative agencies . But as of January 1 , 2021 , most appellate proceedings have been transferred directly to the district courts of appeal . Florida practitioners should know and understand these changes to ensure they are seeking review in the correct court .
The Florida Constitution says that district courts have jurisdiction to hear appeals that are “ not directly appealable to the supreme court or a circuit court .” 1 It also states that circuit courts have “ jurisdiction of appeals when provided by general law ,” meaning
the scope of circuit court appellate jurisdiction . Section 26.012 , Florida Statutes , used to say that , with a few exceptions , circuit courts had jurisdiction over appeals of orders and judgments from county courts and local code enforcement boards . That provision of the statute has been eliminated . Now , the statute limits circuit courts ’ appellate jurisdiction to code enforcement and limited appeals expressly provided by general law . The legislature also eliminated circuit court review of orders in county criminal matters
amendments , appeals of most county court orders and judgments will go to the district courts .
Additionally , because jurisdiction to review interlocutory orders follows appellate jurisdiction over final orders , new and existing petitions to review county courts ’ interlocutory orders will also go to the district courts . 3 Interestingly , district courts will have to convert some of those existing certiorari proceedings to nonfinal appeals because , unlike circuit courts ,
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