MIAMI APPEALS ATTORNEY

After a trial has concluded, a party who is dissatisfied with the outcome may have grounds to file an appeal. This simply means that the case may be eligible for review by a higher court to look for mistakes of law that occurred at the trial level. However, appeals do not only apply to trials. Appellate attorneys may file an appeal for an illegal sentence, a motion against them, or an interlocutory appeal.

In Florida, there are three standards of appellate review for trial court litigation. They are:

1. Abuse of Discretion: this is applied to discretionary rulings made by the trial judge
2. Rational Basis: this is used to review a jury verdict; Clearly Erroneous: this is used to review a trial judge’s fact findings
3. De Novo: this is used to review rulings on questions of law

Appellate courts do not retry cases or hear new evidence. Instead, appellate courts review what occurred in the trial court to see if the proper procedures were followed and the proper law was applied. Because of the limited nature of appellate review, the issues properly raised on appeal can be significantly different from those that are raised at trial.

How we can support you during your appeal

Appeals are heard by a panel of judges and depend for their success on writing expertise in framing the right issues; reference to pertinent laws, parallel case rulings and precedents, along with detailed analysis of legal errors or insufficient evidence to support verdicts. Our lawyers have extensive experience in appellate proceedings and will work diligently to ensure that all relevant facts and issues are brought to bear for your best interest during the course of your appeal.