If you win an appeal, you might recover your costs from the other party, unless the court says otherwise. The trial court will decide who won the appeal based on the important issues. Even if you ultimately lose in the trial court, if you win the appeal, you might still be considered the prevailing party for getting your costs covered. It can be a bit complicated in cases with many parties and cross-appeals, but generally, the trial court will determine who won the significant issues on appeal. If you win an appeal, you can ask the lower court to pay for your costs. You have to do this within 45 days of the appellate court’s decision. The decision starts the clock, and if you miss the deadline, you can’t fix it. So it’s important to act quickly. You can also avoid the hassle by reaching an agreement with the other party. This rule changed in 2015, so be careful not to file the motion in the wrong court. Always double-check to make sure everything is done properly. On appeal, the costs that can be recovered include fees for filing and serving legal documents, charges for preparing the record and transcripts, bond premiums, and other costs allowed by law. The court can decide to reduce the amount of costs awarded, such as for bond premiums, if they were unnecessarily high. The court may also split the costs of preparing the record if both parties won important issues in the case. The court has a lot of power to decide who the prevailing party is and how costs should be divided. If you win an appeal, you can ask the other side to pay for some of your costs, like filing fees or bond premiums. You have to show that the costs were actually paid and were allowed by the law. In a recent case, the court said that a court registry fee could be included as a recoverable cost because it was required by law and was related to posting a bond for the appeal. You don’t have to wait for the end of the case to get your appellate costs. You need to provide evidence of the costs you incurred and the amounts. If the trial court makes a ruling you don’t agree with, you can challenge it within 30 days. The appellate court will review it and decide if the ruling was fair. Getting your appellate costs awarded is not guaranteed, even if you win your appeal. You have to prove your case and file a motion in the trial court. If you can’t agree with the other side, there will be a hearing. The court has the discretion to deny your costs in very rare cases. But if you do get your costs, make sure the order is clear. You can get the money right away, and if you lose later, at least you’ll have the money from your successful appeal. Lawyers’ fees aren’t included in this. This is about general civil appeals in Florida state courts. In a court case, Judge Cope disagreed with the decision that Varveris was the prevailing party on appeal. The court had previously ordered Varveris’ property to be sold, but the decision was reversed because the other party, Carbonell, did not have jurisdiction over Varveris. It’s hard to determine who the prevailing party is when both sides technically “won” on different issues. In some cases, it may be inappropriate to assess costs if it’s unclear who the prevailing party is. An appellate order is not considered final if a motion is filed, and there is no need to ask for appellate costs before filing a motion. The time requirements for the motion are very important. These are references to court cases and rules related to appellate procedure in Florida. They cover things like how costs are determined and imposed after an appeal, as well as the right to notice and an opportunity to be heard before appellate costs are imposed. It also includes information on when and how costs can be enforced, and what specific rules apply to these processes. Carol M. Rooney is a lawyer in Tampa who specializes in handling appeals for civil court cases. She focuses on helping other lawyers with complex commercial lawsuits. This column was submitted by the Appellate Practice Section, and it’s all about promoting fairness and improving the legal system.
Source: https://www.floridabar.org/the-florida-bar-journal/but-at-least-you-can-recover-your-costs-right-a-practitioners-guide-to-appellate-costs-in-florida-the-good-the-bad-and-the-money/
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