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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116787
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How long is it likely to take appeal to the Second District

Customer Question

How long is it likely to take for an appeal to the Second District Court in Florida to be set for oral argument and then be decided?
The complete record of a case will go before the Court in September 2015.
I am told by some that it could take anywhere from 6 months to 2 years for a final decision to come down.
Is this possible? Likely?
If not, what timing would be reasonable to be thinking about?
Albeit merely a "best estimate".
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Generally, the Second DCA in FL is running anywhere in the same time you were told, but it is closer to 1 year to 2 years. Also, they may never set any oral argument, they may just render a decision. Oral arguments are discretionary to the appeals court and are not mandatory. It is up to them if they want to hear more than what is in the pleadings and they will give you about 30 mins. They can deny a request for oral arguments if the parties made such a request by pro se litigants and they typically do deny the requests for oral arguments. Very few cases get oral argument with the DCA.

Customer: replied 2 years ago.

This is a $60million inverse condemnation case against a County. The appellate lawyers seem to think the oral arguments requested are very likely to be granted. How say you?

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

If there are lawyers are involved and the value of the case, then if the parties are asking for oral arguments, they are likely to be granted in that case. Also, if the case is as complex as you are saying, it could take closer to the 2 year mark to get an actual ruling out of them. Typically you would see oral arguments in about 1 year and then it could take them up to another year to issue a final ruling if it is complex.