Florida Civil Appeals Attorney
A civil appeal is an appeal from an order in a civil case—generally a final judgment. For example, people often appeal final summary judgments, final rulings after non-jury trials, jury verdicts, or dismissals with prejudice. Civil appeals commonly arise from commercial and business disputes, probate administrations, real estate transactions, and personal injury claims.
Most civil appeals are taken from final judgments issued by circuit courts. Florida has 20 circuit courts that send appeals to six district courts of appeal. District courts of appeal also review certain non-final orders—for example, appeals involving the right to immediate possession of property, injunctions, child custody, and certain other orders listed under Rule 9.130 and 9.170. Appellate courts can also review non-final orders through petitions for writ of certiorari, but only in extraordinary circumstances.
The district court of appeal is generally a litigant’s last chance to overturn the decision of a circuit court, and appeals are highly technical.
If you are considering an appeal or find yourself having to defend against one, you should consult with a Florida appellate attorney. Our appellate attorneys are all former appellate law clerks or former appellate judges—former employees of the district courts of appeal. No one knows the ins and outs of the appellate process better: the procedure, the law, how to write and research winning briefs, and how to best present your case to an appellate court. It’s all we do.
Call (689) 259-5010 to or contact us online to schedule a free consultation. Our civil appeal services are listed in detail below, and you can view some of our recent wins further down the page.
Civil Appeals
Commercial and business disputes. Appeals related to business disputes, contracts, shareholders rights, employment, sale and purchase of companies or assets, and business torts.
Probate. Appeals of judgments regarding wills, trusts, powers of attorney, guardianship, and fiduciary duties.
Real estate. Appeals arising from the purchase, sale, and development of residential and commercial properties, and issues related to condominium and housing association law.
Foreclosure. Residential and commercial mortgage foreclosure appeals.
Personal injury. Appeals of judgments stemming from auto accidents, slip and falls, medical malpractice, products liability, and consumer class actions.
Florida Civil Appeals
When it comes to challenging decisions made in Florida's circuit courts, having an experienced Florida civil appeals attorney by your side is crucial. Civil appeals are highly technical, requiring a deep understanding of the appellate process, legal principles, and procedural rules. Whether your appeal stems from a commercial dispute, probate issue, real estate case, or personal injury claim, our skilled appellate attorneys can help you navigate the appeals process and fight for your rights.
At our firm, we specialize in representing clients in civil appeals across Florida. Our attorneys are former law clerks and judges who have worked within the Florida appellate courts, giving us a unique insight into the inner workings of the district courts of appeal. We know how to effectively present your case to the appellate court and have a proven track record of success.
What is A Civil Appeal in Florida?
A civil appeal is the process of challenging a decision made by a lower court in a civil case. Commonly, these appeals arise from final judgments, such as:
Final summary judgments
Jury verdicts
Non-jury trial decisions
Dismissals with prejudice
While most civil appeals stem from final judgments, appeals can also arise from non-final orders, including issues like:
Injunctions (orders preventing or requiring specific actions)
Child custody rulings
Disputes regarding immediate possession of property
Other issues listed under Rule 9.130 and 9.170
The Florida district courts of appeal are typically the courts of last resort for these cases, with decisions sometimes escalating to the Florida Supreme Court. However, the Florida Supreme Court’s jurisdiction is limited, meaning that most appeals are decided by one of Florida’s six district courts.
The Appellate Process in Florida
The appellate process in Florida is complex, can take over a year, and strict rules must be followed. Key steps in the civil appeal process include:
Filing a Notice of Appeal: The first step in filing a civil appeal is submitting a Notice of Appeal to the clerk of the lower court within 30 days of the final judgment or appealable order.
Obtaining the Trial Record: A trial transcript and the full trial record must be ordered to present your case on appeal.
Legal Briefs: A well-written legal brief is essential in presenting your argument. This document outlines the legal errors made by the lower court and explains why the judgment should be overturned.
Oral Arguments: In some cases, the appellate court allows oral arguments, where attorneys present their cases in person to the judges.
Decision: The appellate court can either affirm the decision (uphold it), reverse it (overturn it), or remand it (send it back to the lower court for further proceedings).
Grounds for Appeal in Civil Cases
To succeed in a civil appeal, there must be grounds for appeal. Common grounds include:
Legal Error: Misapplication of the law or incorrect legal interpretation by the lower court.
Factual Error: If the trial court's findings of fact were unsupported by evidence.
Procedural Error: Issues with how the trial was conducted, such as violations of procedural rules.
Our Florida civil appeals attorneys will thoroughly assess the trial record to determine whether legal, factual, or procedural errors occurred, and will help you determine the best course of action.
Common Types of Civil Appeals We Handle
Our team handles a wide range of civil appeals, including but not limited to:
Commercial and Business Disputes: Appeals related to contracts, shareholder rights, employment, business torts, and company acquisitions.
Probate Appeals: Disputes regarding wills, trusts, guardianships, and fiduciary duties.
Real Estate Appeals: Cases related to property transactions, mortgage foreclosures, and condominium law.
Personal Injury Appeals: Appeals stemming from judgments in auto accidents, slip-and-fall cases, medical malpractice, and more.
Why Choose Our Florida Civil Appeals Attorneys?
Experience and Expertise: Our team of Florida civil appeals attorneys is comprised of former appellate law clerks and judges who have worked within the district courts of appeal. This insight allows us to effectively argue your case at the appellate level.
Track Record of Success: We have successfully handled numerous civil appeals, helping clients secure favorable outcomes in a variety of legal matters.
Comprehensive Legal Support: From the moment you decide to appeal, we provide comprehensive support, including analyzing the trial court's decision, drafting persuasive briefs, and representing you during oral arguments.
Frequently Asked Questions About Civil Appeals in Florida
1. What qualifies as grounds for appeal in a civil case?
Grounds for appeal typically involve legal, factual, or procedural errors that affect the outcome of the case. You must show that the lower court made an error that was prejudicial to your case.
2. How long do I have to file an appeal in Florida?
In most cases, you have 30 days from the final judgment or appealable order to file a Notice of Appeal. Strict deadlines are in place, so it’s crucial to act quickly.
3. Do I need an attorney to file a civil appeal in Florida?
While you are not required to hire an attorney, the appeals process is highly complex and technical. It is highly recommended to consult with a skilled Florida civil appeals attorney to ensure your case is presented effectively.
4. How long does the civil appeals process take?
The civil appeals process can take several months, depending on the complexity of the case and the caseload of the appellate court. Our attorneys will keep you informed throughout the process.
5. Can I appeal a case to the Florida Supreme Court?
While some decisions from the district courts of appeal may be eligible for review by the Florida Supreme Court, this court only accepts a limited number of cases each year, primarily those involving significant legal questions.
Schedule a Free Consultation
If you are considering a civil appeal in Florida, our experienced Florida civil appeals attorneys can help guide you through the process. We offer free consultations to evaluate your case and discuss your options.
Contact us today at (689) 259-5010 or fill out our online contact form to speak with an experienced appellate lawyer.
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