In essence, filing an appeal in Florida occurs when someone asks a higher court to review a decision issued by a lower court. Hence, the higher court will examine the process’s record, including all documents from the primary trial court, to decide whether or not the decision of the trial court was correct.
In such cases, it is not possible to introduce new evidence to the case. When someone appeals to a higher court, they only examine the evidence provided in the primary lawsuit. Keep reading to discover how to file a federal appeal in Florida.
Back to Basics – What is a Federal Appeal?
Basically, the purpose of an appeal to a higher court is to review a sentence of a lower court to determine the existence of a legal error. The occurrence of legal error is particularly harmful, as it directly affects the outcome of litigation and the lives of the individuals involved.
It is crucial noting that appeals are not “re-trials.” Hence, they are not intended to give someone involved in a lawsuit the right to reargue the case facts. Also, the appellate court will not serve as a second jury.
During an appeal, the person filing the appeal and challenging the primary court’s decision is called the appellant. On the other hand, there is the appellee, which is the opposing party in the process that wants to uphold the decision.
How to File a Federal Appeal in Florida – Explaining the Process
The first step to file a federal appeal in Florida is to work with an expert attorney. When selecting a legal advisor, it is crucial to choose someone with experience in this type of litigation, which includes defending an argument in front of a court of appeals.
Once a process enters the federal court of appeals, the responsible judges will select a case among several others for an oral argument before the court. Rarely, the court may resolve a few cases based on written arguments. However, this is not the rule.
During an oral argument, a group of judges will discuss the legal principles of the trial court decision with the appellate lawyers.
Typically, each side will have around 15 minutes to present arguments in front of the courts. Then, the panel of judges will proceed to appreciate the argumentation. After deciding the verdict for the case, a federal court of appeals will be the final threshold for litigation.
Still, there are only two exceptions, which are:
- When the federal court of appeals sends the case back to the primary court; or,
- When the parties involved in the litigation ask the US Supreme Court to review the case
Before appealing to a federal court, it is crucial to have the case assessed by an expert litigation attorney in Florida to evaluate the chances of a positive outcome.
Filing a Federal Appeal in Florida – Why is it Crucial to Select an Expert Attorney?
Filing a federal appeal is not a simple task. As there is no possibility to provide further evidence or gather new information about the case, the attorney defending the appealing party must be precise and careful during the oral argument.
In this context, choosing an attorney with no experience in these situations is asking for further trouble. A federal appeal requires a well-versed lawyer with experience in both trial courts and appeal courts.
Do You Want to File a Federal Appeal in Florida? – Work with Attorney Romy B. Jurado
With more than a decade of experience in different segments of law, Attorney Romy B. Jurado is the ideal choice when it comes to appealing a judicial decision in a federal court. Get in touch today by calling (305) 921-0976 or emailing Romy@juradolawfirm.com to schedule a consultation.