![]() ![]() The party filing the appeal carries the burden of demonstrating to the court through a "brief" that the decision on appeal is legally unsupported or incorrect. ![]() While a District Court of Appeal performs a similar review function to that performed by the Commission, court rules require the party filing the appeal to actively prosecute the appeal before the court in accordance with the Florida Rules of Appellate Procedure. The Commission is a party to any appeal involving a Commission order and will defend its order in court.Īn appeal to court will not involve a new or additional hearing, nor is it another opportunity to present evidence. You cannot appeal a Commission order to a District Court of Appeal on this website or the website maintained by the Office of Appeals. Court rules do NOT authorize the filing of an appeal by fax. The judicial appeal is initiated by filing a Notice of Appeal with the Commission or with the appropriate court within 30 calendar-days after the date the Commission's order was mailed, in accordance with the Florida Rules of Appellate Procedure. Section 443.151(4)(e), Florida Statutes, provides that an appeal of a Commission final order may be filed directly with the Commission or in the district court of appeal in the appellate district in which the claimant resides or the Florida district court in the appellate district where the job separation arose. ![]()
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May 2023
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