ITEM 9D | THE MAIN WAYS THAT A NON-FINAL APPEAL IS DIFFERENT FROM A FINAL APPEAL
There are two other main ways that an appeal from a non-final order in a civil case differs from an appeal after final judgment. First, the appellant's initial brief is due served within 15 days of filing the notice of appeal, rather than 70 days. (But the time for the appellee’s answer brief and the appellant’s reply brief remains the same as in a final appeal). Secondly, in a non-final appeal, unlike appeals from final orders or judgments, the clerk of the lower tribunal does not prepare a record on appeal and send it to the appellate court. Instead, the appellant in a non-final appeal must put together an “appendix” containing the important documents that the appellate court needs to have to decide the non-final appeal. The appendix is filed with the court and a copy served on the other parties at the same time as the initial brief. See Florida Rule of Appellate Procedure 9.220.
The appendix in a non-final appeal must contain the order that the appellant wants the appellate court to review, and the relevant pleadings, motions, transcripts and other documents on record that the appellant needs to understand the case and decide the issues on appeal. It must also contain an index, or table of contents, in the beginning of the appendix to help the appellate court find the specific items that the appellant wants the appellate court to consider. The appendix is usually separate from the brief and has its own cover page and certificate of service. If the appellate court determines that the appendix is incomplete, it may direct a party to supplement the appendix with the missing parts of the lower tribunal file that the appellant decides it needs to review the non-final appeal.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
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