If the court makes a decision regarding your case, any eligible party involved in the case can challenge the ruling and have the decision reviewed by a higher court. This appellate process, sometimes called the appeals process, is a constitutional right at both the state and federal level.
Filing an appeal is typically performed by an appellate attorney, as the process is vastly different from trial law — but can be equally complex and comes with strict deadlines.
A successful appeal can prove your innocence, or reduce or revise your sentence in criminal cases, and correct a court’s decision in civil matters.
Our Attorneys have successfully handled many cases at both the trial and appellate level, and will aggressively fight for justice on your behalf. She has favorably argued in front of the Fifth District Court of Appeals and the Florida Supreme Court, including civil appeals on the basis of Title IX, civil rights, and complex Fourth Amendment issues, as well as criminal appeals.
Orlando Appeals Lawyer
In general, final orders or judgments of a civil trial can be appealed. On appeal, the court will not put on witnesses or hear new arguments. Rather, the appellate court is limited to what has already happened in the lower court, and the court cannot consider anything new that was not preserved by the attorneys at the trial level. The court will determine, based on the appeal, if there were errors of fact (the judge had the wrong facts or interpreted them incorrectly) or errors of the law (the law was not applied correctly or there was a mistake in procedure). This is commonly known as a direct appeal.
For example, some errors of law or procedure at the trial level are:
- The judge may have allowed inadmissible evidence
- The judge allowed biased testimony to be heard by the jury
- The judge provided incorrect instructions to a jury prior to deliberations
Civil appeal cases that we handle, but not limited to, include:
- Business Litigation/Business Torts: Fraud, Intellectual Property, Unfair Competition
- Insurance Appeals: Personal Injury, Homeowners, Auto, Trucking and Cargo, Aviation, Boat and Watercraft
- Homeowners Association Appeals
- Construction: Breach of Contract, Contracts, Liens, Permitting, Commercial Disputes
- Property Appeals: Land, Eminent Domain
Timing of a Civil Appeal
The timing to file a notice of appeal of a final judgement in a civil matter is generally within 30 days of the rendition of the order (judgement). This timing is crucial to the appeal as the appellate court may no longer have jurisdiction to consider your case.
Why an Appellate Attorney Is Important to an Appeal
Aside from familiarity with deadlines and other Florida Rules of Appellate Procedure, the success of many appeals is determined by the development of a brief — the argument as to why your case should be reviewed and if the lower court’s ruling should be affirmed or reversed. Our skilled Orlando appellate attorney understands the importance of a detailed brief and will scrutinize the record of your trial to build a strong appeal.
In addition, some appeals may include oral arguments, where preparation and persuasion are key to convincing the court to reverse or affirm the lower court’s order.
Finding an Attorney for Appeals Court in Orlando
If convicted of a criminal charge, one can file an appeal, challenging the conviction for review from a higher court. As in civil appeals, this is referred to as a direct appeal — where the court is limited to a review of the trial record for errors of law or fact.
In addition to the direct appeal, criminal convictions may seek a collateral appeal, also known as collateral attack. This type of appeal asks the court to look at additional evidence or constitutional violations. Perhaps there is new evidence that was not available during the original trial, a witness comes forward with new information, or — all of these examples may support a collateral appeal. We scrutinize the trial, the plea, and sentencing phases to reveal potential trial court errors — the errors may have been illegal, violating case law, or state statutes. You may receive a new, not-guilty verdict or have your sentence reduced.
Criminal appeal cases we handle, but not limited to, include:
- DUI – Drunk Driving
- Drug Trafficking Appeals
- Drug Possession
- Grand Theft
- Domestic Violence
Timing of a Criminal Appeal
If you choose to appeal a criminal case, the appeal should be filed promptly after the verdict of the lower court. Generally speaking, you have 30 days to file an appeal, but a skilled appellate attorney can help verify this for you.