Appellate law
Appeals FAQ
What is an appeal?
In short, an appeal arises from a case that has already been decided by the court of common pleas, a municipal court, a small claims court, or a board of tax appeals. An appeal can be filed when the plaintiff or defendant in the case does not believe that the decision of the case was constitutional or fair and chooses to request that a higher court review the case for errors. This higher court, often called a court of
appeal, will look at the way that the case was handled and decide whether or not the verdict should be overturned.
What cases can be appealed?
Normally, only final judgments can be appealed. Orders that the court issues before a trial or rulings that are issued during a trial cannot typically be appealed. These orders and rulings can instead be attacked in the court case. Cases of all practice areas, including criminal law, family law, civil law, probate, real estate law, and more can be appealed after trial
How long does an appeal take?
Most appeals take about a year and a half to two years from filing the notice of the appeal to receiving the decision of the court. Some cases are decided faster, depending on where they take place and the issues involved. A skilled Orlando appellate attorney from our firm can help you to determine how long your appeal may last.
What is a cross-appeal?
A cross-appeal occurs when both sides are dissatisfied with a judgment and both want to appeal. Special rules and procedures must be followed in cross-appeal cases, and you should never attempt to cross-appeal on your own.
Can an appeals court reverse legal errors?
Appellate courts sometimes reverse judgments because the trial judge committed an error. This type of case is not common but does happen if the judge makes a procedural error or improperly admits or excludes evidence at a trial. The appellant must prove that any procedural errors directly affected the outcome of the original case in order to get the
appellate court to reverse the verdict
What is a brief?
A brief is essentially the heart of an appeal. It is the written argument created by an attorney that explains the factors of a case, why the court's ruling has been appealed, and why the ruling should either be reversed of affirmed. Most appeals are won or lost based on the content of a brief. Oral argument, though present in some cases, rarely affects the outcome. As an appellate trial team, we are dedicated to preparing strong briefs that will stand the challenges of the court.