Nothing in life is perfect, neither are court decisions. Occasionally, a judge or jury may commit a reversible mistake. In such cases, it is possible to seek an appeal to a higher court.
Nonetheless, a successful appeal requires a strategic approach, as there is no way to bring new evidence to the case during the appellate process. In this article, you will discover professional tips to perfect your appeal to win in Florida appellate courts.
Winning an Appeal in Florida – Understanding the Legal Process
Before proceeding with legal action in an appellate court, appellants must understand the whole process. On an appeal, a higher court will review a sentence of a lower court to determine whether a legal error occurred during the trial.
Consequently, an appeal is not a second-chance trial, as they will not grant the appellant the opportunity to reargue the case in front of the panel of judges. After filing a Notice of Appeal and paying the filing fee, the process will enter the Federal Court of Appeals.
The United States Court of Appeals for the Eleventh Circuit is the federal court with appellate jurisdiction over Florida’s three district courts – Middle District of Florida, Northern District of Florida, and Southern District of Florida.
Once the process enters the court, the judges will select a case among various others for an oral argument. Occasionally, a federal court of appeals may judge a case based on written argumentation, but it is crucial noting that it is not the rule.
Winning an Appeal in Florida – No Time to Waste
When filing an appeal in Florida, appellants must work diligently and strategically. Why? First, they have already lost in court, so they are seeking to reverse an error. Second, the time frame for an appeal is limited.
Florida Rules of Appellate Procedure 9.020(h) provide that “an order is rendered when a signed, written order is filed with the clerk of the lower tribunal.” Hence, appellants have only thirty days from the date the order they are appealing is filed in the lower court to file an appeal.
Winning an Appeal in Florida – Proceeding to the Oral Argument
After acceptance and selection in the Eleventh Circuit Court, an appeal will proceed to an oral argument. Similar to a hearing in a court trial, an oral argument permits the appellant and the appellee (the party who wants to withhold the judgment) to formally defend their side in the case.
Ultimately, the oral argument is the core of the appeal, as it is the appellant’s chance to inform the judges about the case’s details and answer any questions they may have about the case.
At this phase, the guidance of an experienced appellate attorney is crucial. The oral argument is based only on the subjects presented in the briefs, which means having a seasoned legal expert preparing the briefs is a top priority.
Plus, the appellant’s attorney will have around 15 minutes to present the arguments before the court. Hence, make sure to work with a zealot appellate attorney with prior experience in defending clients in front of an appellate board of judges.
Winning an Appeal in Florida – Do Not Try to Work Your Way Alone Through an Appeal
Appealing a case in Florida involves a set of procedural mechanisms and technical language that non-lawyers will not understand. Each appeal is different, as there are several ways to obtain an appellate review, including the review of final orders, review by extraordinary writ, and review of interlocutory orders.
After assessing your case, an expert appellate attorney will identify the appropriate avenue of appellate review and tailor a strategy to help you win in court.
What is the Best Way to Win an Appeal in Florida? – Work with Jurado and Farshchian, P.L.
With a decade of experience defending clients in appellate courts, Attorney Romy B. Jurado is willing to help you win an appeal in Florida. Contact us today at (305) 921-0976 or send an email at Romy@juradolawfirm.com, so we can get to work immediately.