The Justice Department said today that it was appealing US District Judge Paul Byron's ruling last week that the federal court lacks jurisdiction.
Byron sent the case back to state court.
Two dozen news media groups, including The Associated Press, sued the city of Orlando for the calls' release, saying they will help the public evaluate the police response.
The city claims the recordings are exempt under Florida's public records law, and that the FBI insists releasing them may disrupt the investigation.