Practice Area
Florida Appeals
Appellate practice can mean the difference between ultimately winning or losing a case. Therefore, when the stakes are high, involving appellate counsel is a must.
The work we handle
Appeals
Plenary and interlocutory appeals from final judgments and appealable orders — mastering the record, writing persuasive briefs that frame the issues, and presenting effective oral argument to the appellate judges.
Post-Trial Motions
Motions for rehearing, new trial, and to alter or amend — the last chance to frame and preserve issues for appeal. Stays pending appeal — protecting clients’ rights while the appeal is pending.
Petitions for Extraordinary Writs
Certiorari, mandamus, prohibition, and quo warranto — the vehicles for challenging non-final orders and preventing harm that cannot be undone on final appeal.
Trial Support & Error Preservation
Providing extra horsepower to trial counsel by ensuring preservation of the record, crafting jury instructions, drafting and arguing dispositive and other key motions, and building the appellate case while trial is still underway.
Common questions
What is appealable?
Often, a case is not appealable until final judgment. However, the Florida Rules of Appellate Procedure define certain nonfinal or interlocutory orders that can be appealed, such as those concerning jurisdiction, receivership, prejudgment writs, arbitration, venue, or the disqualification of counsel. However, in limited circumstances, parties can petition for certain unenumerated “extraordinary writs.”
How long do I have to appeal?
In Florida, a notice of appeal from a final judgment is generally due within thirty days of rendition, and the deadline is jurisdictional — miss it and the right to appeal is usually gone. Certain post-trial motions can toll that period, but only if they are the right motion, properly and timely filed. Interlocutory appeals and petitions have their own jurisdictional deadlines. Because the margin for error is small, it is best to consult counsel immediately after an adverse ruling.
Must the judgment be paid during the appeal?
Not if a stay is obtained. For most money judgments, posting a supersedeas bond (generally the judgment amount plus fees, costs, and interest) stays execution automatically. Other orders take a motion, and the court has discretion over the terms. Without a stay, the prevailing party can collect even while the appeal proceeds.
What does the “standard of review” mean?
The lens the appellate court applies to each ruling. Generally, the court’s findings of fact are reviewed for competent and substantial evidence, and the court’s legal conclusions are reviewed de novo (i.e., anew, without deference to the trial court). Certain other matters, such as discovery rulings, may also be reviewed for abuse of discretion.
What are the chances of winning an appeal?
It depends. The odds in a particular case turn on the standard of review, the state of the record, and whether the error actually affected the outcome — harmless error does not get a judgment reversed. Most judgments, however, are affirmed.
Can new evidence be introduced on appeal?
No. The appeal is decided on the record made in the trial court — the filings, the transcripts, and the exhibits. Evidence that was never presented, and arguments that were never made, are generally outside the court’s review. If significant evidence surfaced after judgment, the remedy usually runs through the trial court, not the appeal.
How long does an appeal take?
Commonly around a year from the notice of appeal to a decision in Florida’s district courts of appeal, though it varies with the court, the record, and any extensions. Genuinely time-sensitive cases can seek expedited treatment.
Can I recover my attorney’s fees on appeal?
Only with a basis, such as a contract provision or statute, and only if it is properly claimed. Appellate fees must be requested by motion in the appellate court on a strict deadline, or the entitlement is lost.
Can you take my appeal if another firm handled the trial?
Yes. Appellate counsel regularly steps in for an appeal after another lawyer tried the case. In fact, getting a fresh set of eyes on the case, limited to the record, can lead to better outcomes.
Is oral argument always held?
No. Many appeals are decided on the briefs. Oral argument is granted when the judges have questions or concerns raised by the issues presented in the brief.