To say that the practice of “appellate” law is a “specialty” is accurate but, at the same time, is far too limiting a notion. Appellate practice is anything but a specialized area of the law; in fact, appellate practice involves every area of the law.
Appellate practice is as wide-ranging as the practice of law itself and potentially involves all areas of substantive law ranging from A to Z (admiralty to zoning). All types of cases can end up on appeal under the right circumstances. Call Kramer, Green, Zuckerman, Greene & Buchsbaum, P.A., at (954) 966-2112 or contact us online to speak with us about your potential appeal.
When to Consider an Appeal
Litigation proceeds at a particular pace and then reaches a resolution. In a trial court, the judge will make discrete rulings throughout the course of litigation, whether during pre-trial proceedings, trial, post-trial, or even in the process of settling a case. Of course, all those rulings are subject to appeal.
In many cases, you may not agree with some aspect of the judge’s ruling or a jury verdict. For instance, you might disagree with a court order that:
- Directs a party to disclose information during discovery that is objectionable or privileged
- Amends a complaint to allow claims for punitive damages
- Strikes the testimony of a witness at trial
- Grants and issues an injunction
- Admits or excludes certain pieces of evidence
- Selects specific jury instructions and verdict forms
- Fails to sanction opposing counsel for objectionable behavior
- Awards the other party attorney’s fees or fails to order the other party to pay you attorney fees
You also might disagree with all or part of the outcome of your case. The judge might dismiss one, some, or all the counts alleged in a lawsuit. The court may enter an order for partial or summary judgment or enter a directed verdict. For instance, you might feel that the jury verdict is inconsistent or contrary to the weight of the evidence.
These are only a few of the many issues that might lead to an appeal, and so many more can and do occur. Any of these rulings may be in favor of a client or against a client.
Whether Pursuing an Appeal is Right for You
The next step is to determine whether to challenge an adverse ruling further. In making this determination, you may ask yourself the following questions:
- Which party wants to obtain appellate review?
- Is there a remedy?
- Is there an immediate remedy, or must you wait until the entire case in the trial court is over?
- What is the vehicle for review—certiorari, non-final appeal, mandamus, plenary appeal, or something else?
- What are the time constraints?
- Has the issue been adequately preserved for appellate review?
- What are the different standards used to review each issue?
- What are the chances of success?
The questions are endless, which s is where an appellate attorney becomes invaluable.
What an Appellate Lawyer Can Do for You
Handling an appeal requires an experienced Miami appellate lawyer to look at your case from a different perspective than a trial lawyer. An appellate court does not hold a new trial in your case during an appeal. Instead, the court considers whether the trial court made legal errors that influenced the outcome of your case.
A successful appeal cannot rest simply on an outcome at trial with which you disagree. Instead, we must identify errors in the trial court decision that constitute grounds for an appellate court to reverse that decision. As a result, an appellate attorney must analyze whether sufficient errors exist to justify an appellate court overturning the case on appeal.
Appeals also involve a separate set of procedural rules and processes different from trial court procedures. Therefore, an appellate lawyer must be skilled in sifting through the myriad procedural issues involved and familiar with the rules needed to file and prosecute an appeal successfully.
An appellate attorney also must effectively research the substantive area of the law applicable to a particular case. Then, taking that research into account, the lawyer must write persuasive arguments, incorporating the law and particular facts of the case, to present to an appellate court. These arguments must support the client’s position in the appeals court arena.
Contact Us to Get Advice About Your Potential Appeal
At Kramer Green, we represent various clients in different kinds of appeals. Our appellate department represents clients originating through our litigation department and those whom other firms refer to us.
We can answer your questions about whether an appeal or another form of relief is available in your case. Then, we can explain your options and the possible pros and cons of each of those options. Together, we can determine which option is right for you.
Appeals and other avenues of relief can be extremely time-sensitive. Missing these essential deadlines could deprive you of some options for relief. Don’t wait to contact our Fort Lauderdale appellate attorneys at (954) 966-2112 or reach out to us online to discuss your case.