After investing a lot of time and money to win a case in court, a negative outcome is certainly not the expected result. Yet, what are the available measures to contest the court’s decision? Under normal circumstances, there are still some legal possibilities.
In this article, you will discover the best resources at your disposal after losing a court case in Florida.
What to Do After Losing at Trial in Florida? – Never Work On Your Own
Although civil litigants have the right to defend themselves in court, it is not the ideal approach. Regardless of the situation, hiring an expert legal advisor can be the difference between a positive and negative outcome in court.
If you lost a court case, make sure to contact an attorney as soon as possible. Although all hope is not lost yet, waiting until the judge or jury issues a final decision only makes the road rougher for the losing side.
In this context, make sure to work with a seasoned Florida attorney with post-trial experience, including appellate court litigations.
What to Do After Losing at Trial in Florida? – Filing a Post-Verdict Motion
After sitting down with an expert attorney to have your case assessed, it is time to proceed with further legal action. In the post-trial scenario, there are still a few options available.
As provided by Florida’s Rule of Civil Procedure 1.530(a), “on a motion for rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.”
This way, the losing party to a lawsuit may file a motion for a new trial within ten days after the jury’s verdict or after the date of filing of the judgment (non-jury trial). In case the motion is not successful, the next step is starting an appealing process in Florida.
What to Do After Losing at Trial in Florida? – Appealing a Court Decision
In layman’s terms, an appeal occurs when one of the parties to a lawsuit thinks the judge or jury has ruled a case incorrectly. One of the most important reasons to have a lawyer by your side during trial is to preserve your appeal rights.
Although many may think an appeal is similar to a “re-trial,” it could not be more wrong. Instead, when the losing side in a civil case decides to appeal a court decision, no party can bring in new evidence.
Consequently, both parties’ attorneys will not have the right to reargue the case, as the appellate court will only assess whether or not the trial court’s decision was right or wrong.
In such cases, the appellant is the person filing the appeal and challenging the court’s decision. On the other hand, the appellee is the party that won in a primary court decision and wants to uphold the original judgment.
It is worth remembering that the losing side has the right to waive the possibility to appeal in court. Hence, if a party waived their right on an appeal intentionally or accidentally, it is virtually impossible to regain it.
Do Not Underestimate Potentially Costly Mistakes – Work with a Florida Appellate Attorney
If you are willing to appeal a court case in Florida, make sure to work with a well-versed appellate attorney. Waste no time and money with uncertainty trying to work your way throughout the appellate court, as simple mistakes can be costly.
An expert appellate lawyer will re-assess the case to determine what happened leading up to the appeal, preparing the briefs, and handling all the paperwork.
Also, appealing to a higher court requires prior experience during the oral argument, so make sure to have a seasoned attorney on your side.
Do You Need an Experienced Florida Appellate Attorney? – Work with Jurado and Farshchian, P.L.
Attorney Romy B. Jurado has a decade of experience helping clients appealing court decisions and seek justice at higher-level courts. Waste no time – contact us today by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.