Florida Small Claims Court Appeal

The 30-Day Appeal Deadline

If you lose in Florida small claims court, you have 30 days from rendition of the judgment to file a notice of appeal under Florida Rule of Appellate Procedure 9.110. Miss that deadline and the judgment stands — there's no extension for not knowing about the rule.

Small claims appeals go to the circuit court in the same county, not to a district court of appeal. The circuit court reviews the record from the small claims proceeding and can affirm, reverse, or send the case back for a new hearing. This is a review on the record, not a new trial.

Filing an appeal requires a separate filing fee, but a bond is not required just to appeal a money judgment. A bond is required to obtain the automatic stay of execution on that judgment.

Appeal Bonds

For a money judgment, Rule 9.310(b)(1) allows an automatic stay pending review by posting a good and sufficient bond equal to the amount of the judgment plus twice the statutory interest rate in effect on the date the judgment is filed. Without that bond or another court-ordered stay, collection can continue during the appeal.

An indigency determination can defer the appeal filing fee under Fla. Stat. § 57.082; it does not automatically waive or reduce the bond required for an automatic stay.

Motion for New Trial

Before deciding to appeal, consider a motion for new trial. Under Rule 7.180, file it no later than 15 days after the verdict in a jury action or the filing of the judgment in a nonjury action. The motion must state its grounds with particularity; the court may deny it summarily or hold a hearing.

A timely, authorized motion for new trial postpones rendition for the appeal deadline until the court files its order disposing of the motion. The 30-day appeal period then runs from that order.

Default Judgments

If the defendant was properly served and doesn't show up, the plaintiff can file a motion for default judgment. This doesn't happen automatically — the plaintiff still presents evidence and shows the amount owed. The judge enters judgment based on what the plaintiff proves.

A defendant who got a default judgment entered against them can file a motion to set aside the default. To succeed, they generally need to show:

1. Excusable neglect — a valid reason for missing the hearing (illness, never actually receiving the papers despite technical service, emergency)
2. A meritorious defense — a real defense to the claim, not just "I disagree"
3. Timeliness — the motion needs to be filed promptly after learning about the judgment

The motion to set aside is discretionary — the judge weighs the circumstances. If it's granted, the case is reset for a hearing where both sides appear.

Post-Judgment Payment Plans

Under Rule 7.210, a judge may stay entry of judgment or execution or levy on just terms, in consideration of the debtor's stipulation to make payments that periodically reduce the judgment. The judge records the stipulation in the file or judgment.

If the defendant stops making payments, the plaintiff can pursue enforcement — wage garnishment, bank account levies, or liens on property. The Fact Information Sheet (Form 7.343) can be used to discover the defendant's assets and income to support enforcement.

The Florida Chief Financial Officer sets the statutory judgment-interest rate quarterly. Under Fla. Stat. § 55.03(3), the rate on a judgment is adjusted annually on January 1 until it is paid. Every day the judgment goes unpaid, the total grows.

Understanding the post-trial options keeps you from missing a deadline that could have changed the outcome. Our Florida Small Claims Filing Guide covers the appeal timeline, default judgment procedures, and the enforcement tools available after the court rules in your favor.

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