Appeal Lawyers in Florida
The goal in a trial court is to determine disputed facts. Appellate courts address, interpret and apply the law to the facts determined in the trail court. So, the proceedings involve written arguments presented by both parties. Here’s a brief description of the appellate process in federal appeals and Florida state court appeals.
Notice of appeal: You file a Notice of Appeal with the clerk of the trial court. Appeals are taken only from the final judgment or order, not from any decision. A time limit of 30 days is imposed on filing a Notice of Appeal.
Preparation of the record: The trial court clerk prepares the record. The appellant (you) must ensure that the record comprises all the transcripts and documents you want included.
Docketing statements and/or disclosures: You file statements identifying the parties involved in the case, names of attorneys presenting the parties and/or the issues involved in the appeal.
Appellate briefing: The briefs submitted by your attorney and the other party’s legal representatives are primarily considered by appellate judges. The briefs will, therefore, present legal arguments about the correctness of the court’s interpretation of the law or its application to the facts of the case. First, you submit the initial brief , then the other party provides the answer brief, and finally, you have the opportunity to repudiate the arguments by submitting the reply brief.
Oral argument: In some appeals cases, either party may request the court to allow an oral argument before the judges and answer any questions the judges may pose to them.
Appellate court’s decision: The appellate court issues the written decision, and in some cases, explains the reason for arriving at it. In Florida state appeals, most decisions are issued less than six months after the oral argument and typically less than one year after the appeal has been initiated. In federal appeals, decisions may be issued anywhere from a couple of months to two years after the initiation of the appeal.