How to Appeal a Final Order of Injunction

If you are looking for information on how to appeal an injunction, you are in the right place. Most people (even most attorneys) do not know this, but you DO NOT have to actually file an appeal to undo or reverse a final order of injunction against you in the state of Florida. On this page, we explain how and why. If you have no choice but to file an appeal for your injunction, we also explain how to do that.

When it comes to injunctions in Florida, the legal process can be incredibly difficult to understand and emotionally stressful. Often, people choose to represent themselves and end up losing their injunction hearing. If you find yourself in this situation, don’t worry. There are things you can do, but time is limited! So you have to act fast.

The first thing you will need to do is file a motion for new trial, or a motion for a rehearing. Here is an example of what one looks like. In this pleading, you have to be sure to file it properly with the clerk, and serve it on the other party. If you do not file it and serve it on the other party, the judge and Court will not even consider it. For this reason alone, it is probably wise to consult with an attorney. Also, you only have 15 days from the date. Here is the law on that.

Below, we will detail how to legally appeal an injunction, if a final order of injunction has been entered against you. HOWEVER, a clever and experienced attorney knows that there are other ways to get a final order of injunction undone/reversed. There are various ways to do this, and we are willing to share some of our knowledge (and secrets) with you here on this page so that you can understand some of what we might do if we are to represent you.

The Easy Way to Undo or Reverse Your Injunction

Hands down, the easiest way to get an injunction reversed or undone is to simply communicate with the other side – and get them to agree to reverse it or undo it. If you are one of the parties, you obviously cannot do that – because that would be a violation of the injunction! But this rule does not apply to attorneys. An attorney at any time may reach out to the other party and/or their attorney to try to negotiate a settlement. Even if a final order of injunction has been entered against you, having an effective and experienced attorney negotiate with the other side could undo it without the need to ever file any kind of appeal with an appellate court. Appeals are expensive and you really don’t want to go down that route if you can avoid it. But appellate lawyers don’t want you to know that because there is a lot more money to be made by doing on appeal! Don’t waste your money on an appeal if you an avoid it.

Remember, injunctions are simply civil matters between two individuals. The courts understand that oftentimes these individuals do not have the benefit of counsel before a final order is granted. Courtroom time, and in particular, the appellate courtroom time is a precious resource. The judges and the judicial system do not want to be bogged down with unnecessary appeals when they can be avoided, when parties can simply agree on an alternative remedy/solution.

The Hard and Expensive Way to Undo or Reverse Your Injunction

We will move on to talk about the appellate process when you cannot resolve your case, short of filing an appeal. You should know that the filing of an appeal requires you to do the following:

1. Order and pay for the audio from the final injunction hearing (usually $25);
2. Get that order transcribed by a certified court reporter (can be hundreds of dollars);
3. File an appeal with the appellate court (usually a $XXX filing fee);

To appeal an injunction in Florida requires careful adherence to a complex legal process involving nuanced court rules and procedures. Every case is different, so it’s advisable to consult with an attorney for guidance regarding your situation. That being said, here is a general guide on how to appeal an injunction in Florida:

1. Understand the Basis for Appeal:
   • First, the appellant (i.e., the person appealing the trial court’s decision to a higher court of appeals) must determine the specific grounds on which they are appealing. Typically, appeals are based on errors of law or legal procedure that occurred during the final injunction hearing. Usually, an attorney will obtain the audio record of the final hearing, or even a transcript, to review for errors committed by the judge.
2. File a Notice of Appeal:
   • Within 30 days of the entry of the final order (i.e., the court’s final order granting the injunction or the court’s final order denying the injunction), the appellant must file a Notice of Appeal with the clerk of the court that issued the injunction. This notice formally tells the court and the other parties involved that you intend to appeal.
3. Obtain the Record:
   • As mentioned above, the appellant will need to obtain the record from the trial court to conduct a legal review. Attorneys will request a copy of the record from the trial court. The official record includes all documents, transcripts, and evidence presented during the initial injunction hearing.
4. Review the Appellate Rules:
   • The Florida Rules of Appellate Procedure can be daunting, even for experienced attorneys. Filing an appeal requires learning these rules. The rules governing appellate procedure provide guidance on timelines, filing requirements, and other procedural aspects.
5. Prepare Appellate Briefs:
   • The main stage of the appellate process involves drafting and filing an appellate brief. The brief should comprehensively outline the legal arguments supporting your appeal. This document should reference the record and legal authorities to support your position and respond to the arguments made by the opposing party.
6. File Appellate Briefs:
   • Finally, the appellant must file their brief with the appellate court. The brief must be filed within the specified timelines. Rules on formatting and filing requirements must be followed.
7. Oral Argument (if applicable):
   • It’s the appellate court’s decision whether to grant oral arguments on the appellate brief. Some appeals may be decided on the written brief alone, while others may require more extensive argument before the court. Appellants must be prepared to present their case orally and respond to questions from the appellate judges.
8. Await the Appellate Decision:
   • After the brief is filed and any oral arguments have been heard, the appellate court will then review the case and issue a decision. The court may affirm, reverse, modify, or remand the injunction back to the trial court with instructions on how to correctly rule.
9. Comply with Appellate Court Orders:
   • If the appellate court issues specific orders, the appellant must make sure to comply with them promptly.
10. Consider Further Appeal (if necessary):
    • Even if the appellant loses their appeal, there may still be a remedy available. If the appellant is dissatisfied with the decision of the appellate court, they may explore the possibility of further appeal, such as filing a petition for review with the Florida Supreme Court. However, the Supreme Court only reviews a limited number of cases, so this option has a low likelihood of success.

As you can see from the above, it’s way better too. Avoid an appeal if you can. However, we are ready to file the appeal if you were left with no other choice. Call us for a consultation anytime.

Templates and Forms

Here are some templates and forms you can use on your own to start the process. Don’t forget you have to be sure to file this with the clerk, and be sure to serve the opposing party.