What is the difference between a discretionary and a non-discretionary appeal?

In Florida, there are two types of appeals: discretionary and non-discretionary. A non-discretionary appeal is an appeal that is mandatory under the law. This type of appeal is usually allowed by the court when a significant error has been made during a legal process or a decision made by a lower court. A discretionary appeal is allowed by the court at its discretion. This type of appeal is usually only allowed to review issues on which the lower court ruling was uncertain such as questions of law. The appellate court has the option to accept or deny a discretionary appeal. The main difference between discretionary and non-discretionary appeals is the court’s decision to hear the appeal. For non-discretionary appeals, the court must hear the appeal because the appellate court has jurisdiction. For discretionary appeals, the court may choose to hear the appeal or not. In both types of appeals, the court is limited to reviewing the evidence and arguments presented in the lower court. The appellate court cannot consider any new evidence or arguments. The decision of the appellate court is final and cannot be appealed again.

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What is the difference between a discretionary and a non-discretionary appeal?

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