» Appellate Practice

» Appellate Practice

Am I required to have a lawyer for an appeal in the State of Florida?

's Profile Image You’re not required to have a lawyer to file your appeal in Florida. However, you should understand that if you do represent yourself, the court is going to hold you to the same standards and professionalism as an attorney would be held. Read More

Are there appeals in Florida arbitration?

's Profile Image There are appeals in Florida arbitration. The first step in the process is you would file an action in the Circuit Court. If you’re not happy with that decision, you then can take an appeal to the appellate division. However, the circumstances of appealing and arbitration are very limited, so you should consult with an experienced appellate attorney who can better explain these circumstances and limitations to you. Read More

Can any attorney argue a case before the U.S. Supreme Court?

's Profile Image Not every attorney can argue a case before the U.S. Supreme Court. You have to be a member of the Supreme Court Bar Association, and there are specific requirements to be admitted as a member of the U.S. Supreme Court Bar. Read More

Can civil cases be appealed in Florida?

's Profile Image Yes, civil cases, just like criminal cases, can be appealed in Florida. Read More

Can new evidence be heard at my appellate hearing in Florida?

's Profile Image Generally, new evidence will not be heard or considered as part of your appellate process. The appellate court in Florida is bound by something called “the record.” The record is exactly that, a record of everything that occurred at the lower court level. That is what they’ll be reading from. That’s what they’ll consider in determining your appeal. Read More

Do all Florida attorneys handle appeals?

's Profile Image While all attorneys have the ability to handle appeals, not all lawyers do that. A Florida Appeals Attorney really is a specialized area of the law and many times requires a specialized set of skills that are different from, let’s say, a trial attorney. Read More

Do I have to retain the trial attorney as part of the appellate team?

's Profile Image You do not have to retain your trial attorney’s part of the appellate team in Florida. The reason is is because in the appeal, we have a full record of what happened in the lower court, including a transcript which includes everything that your trial attorney said. Read More

Does an appellate court in Florida hear witnesses to testify?

's Profile Image An appellate court does not hear witnesses testifying. All witness testimony comes from the record. In the case of testimony, that’s usually in the form of transcripts. Read More

Does it matter for appellate purposes whether my case was tried in state or federal court?

's Profile Image Yes, it does matter for appellate purposes whether or not your case was tried in state or federal court. The reason is because each of those two court systems have different rules. While the rules may be similar, there are major differences. So you should consult with an experienced appellate lawyer to understand what those differences are to safeguard your appellate rights. Read More

How do I know whether I have a good appeal?

's Profile Image Whether or not you have a good appeal or a good chance on appeal really depends on several things. It depends on the issue in which you’re appealing from. It depends on whether or not you were the winner or loser in the lower court. It depends on your facts and it depends on what the law says. You should consult with an experienced appellate attorney, he or she can be able to go through your record and give you a better understanding of what chances you have on success for your appeal. Read More

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