How-To: Write an Initial Brief
| Background: | You have appealled a decision from a lower tribunal (DOAH/FCHR/Circuit Court) |
| Problem: | You do not know how to draft an appellate brief |
| Solution: | You follow this guide for writing an effective appellate brief (FL) |
I. Definitions
II. Legal Citations
(2) Parties....
(3) Response....
(2) a table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears;
(3) a statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal, with references to the appropriate pages of the record or transcript;
(4) a summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief, which should not be a mere repetition of the headings under which the argument is arranged, and should seldom exceed 2 and never 5 pages;
(5) argument with regard to each issue, with citation to appropriate authorities, and including the applicable appellate standard of review;
(6) a conclusion, of not more than 1 page, setting forth the precise relief sought;
(7) a certificate of service; and
(8) a certificate of compliance for computer-generated briefs.
(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.
(3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.
(b) A preliminary, procedural, or intermediate order of the agency or of an administrative law judge of the Division of Administrative Hearings is immediately reviewable if review of the final agency decision would not provide an adequate remedy.
III. Samples
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | ± TBD case. Pro Se Filing | 1DCA | §760 Case; Employment Discrimination (Race, Sex); Unpled Defense; Due Process |  |
| 2 | | ± TBD case. Pro Se Filing | 1DCA | §120.565 Case; Declaratory Statement | |
| 3 | | FCHR Case | 1998 | Pro Se Filing | X Affirmed | 8 Issues (Due Process, ALJ Improprieties, Competent Evidence, Untimely) | |
| 4 | | FCHR Case | 1999 | Pro Se Filing | X Affirmed | 14 Issues | Price Waterhouse vs McDonnel-Douglas | |
| 5 | | FCHR Case | 2001 | Pro Se Filing | X Affirmed | 2 Issues (Dismissal, Reversible Error, Due Process) | |
| 6 | | FCHR Case | 2004 | Pro Se Filing | - Dismissed | |
| 7 | | FCHR Case | 2005 | Attorney Filing | X Affirmed | 3 Issues (Disability, Reasonable Accommodation, Competent Evidence) | |
| 8 | | FCHR Case | 2005 | Pro Se Filing | X Affirmed | |
| 9 | | FCHR Case | 2009 | Pro Se Filing (Daughter) | X Affirmed | 3 Issues (Exhibit Omission, Late PO) | |
| 10 | | FCHR Case | 2014 | Attorney Filing | X Affirmed | 2 Issues (Misapplied Law, Competent Evidence) | |
| 11 | | FCHR Case | 2015 | Pro Se Filing | X Affirmed | |
| 12 | | FCHR Case | 2016 | Pro Se Filing | X Affirmed (Evidence Destruction, Due Process) | |
| 13 | | FCHR Case | 2017 | Pro Se | X Affirmed | 1 Issue (Right to a Hearing) | |
| 14 | | FCHR Case | 2019 | Pro Se | X Affirmed | Handwritten | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | 1DCA Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). |  |
V. Quick Commentary
- Best Early: Put your best/strongest arguments towards the beginning of your brief.
- Proper Structure: Compose your initial brief the way the Court prescribes (Rule 9.210 Fla. R. App. P.)
- Cover Sheet
- Table of Contents
- Table of Citations
- Statement of the Case
- Statement of the Facts
- Summary of Argument
- Arguments
- Conclusion
- Certificate of Service
- Certificate of Compliance
- Contents - Rule 9.210(b) Fla. R. App. P.
- Format - Rule 9.210(a)(1)-(4) Fla. R. App. P.
- Length - Rule 9.210(5) Fla. R. App. P.
- Download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the templates (see Part IV - above) to help draft your 'Initial Brief'
- Save the final version as a PDF file.
- File the final version in court
VI. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
