Florida Appeals Attorney

The appellate court system is an opportunity for thoughtful review of legal decisions made at the county and circuit court levels. Chiappetta Trial Lawyers is well-equipped to correct errors made in matters involving personal injury, insurance disputes, and more. Our Florida appeals attorney is ready to defend your rights.

Stages of a Florida Appeal

Appeals in Florida are complicated matters that often involve extensive procedural review. An attorney can assist with the following steps to ensure your interests are strategically represented in a Florida appellate claim:

• Notice of appeal: A Notice of Appeal must be filed with the clerk of the trial court within 30 days of the final Judgment or order. A Florida appellate lawyer can file the notice of appeal on your behalf with the proper court in a timely manner.
• Preparation of the record: All relevant facts and details must be included in the record, as well as transcripts of any previous legal proceedings. The trial court clerk will generally prepare the record, with some help from the appellant and their legal representative.
• Docketing statements and/or disclosures: These notices identify all parties involved in the appeal and the issues alleged, such as the need for procedural review or other claims. An appeals attorney in Florida can ensure all of your concerns are reflected in a comprehensive docketing statement or disclosure.
• Briefing: The plaintiff and defendant must both submit briefs through their attorneys, which are then reviewed by appellate judges in the appropriate District. Appellate briefs are legal arguments about the court’s interpretation of the law, the facts of your case, and any legal or procedural errors that you believe took place under lower court review. The initial brief may be followed by the other party’s answer brief, which may be followed by a reply brief. The briefing stage often takes up a majority of the appeals process and can be made easier with the help of a Florida attorney.
• Oral argument: In some appeals, there may be an oral argument before a judge in order to clarify points of contention or confusion. Attempting to represent your own interests without legal experience can backfire and leave you at a significant disadvantage. It may be in your best interests to let a legal professional who is familiar the Florida appellate courts to speak on your behalf at this stage of an appeal.
• Appellate court decision: At the end of your appeal, the court will present a written decision and the reasoning behind it. At this point, you may file a second-tier petition for review if you have concerns about this court’s understanding or application of the law. A Florida appeals attorney would be able to articulate your concerns to the court in a way that maximizes your chances of success.

Appeals at the Federal Level

Most federal appeals filed in Florida take anywhere from one to two years from start to finish. Federal appeals are generally filed in the Eleventh Circuit Court, which has separate jurisdiction from the Florida District Courts of Appeal.

The appeals lawyer at our Florida office is well-versed in federal appellate law and can help you navigate any appeal at the federal level.

Civil Appeals in Florida

Personal injury claims, insurance disputes, workers’ compensation, and more generally fall under the umbrella of civil appeals. When you have been denied appropriate compensation from your lawsuit, a Florida appeals lawyer can help make it right.

The civil appeals process is in place to ensure that unjust, uneven, or unfair applications of Florida civil law are not the end of the road for valid and deserving cases. If your previous counsel did not follow the proper civil procedure in filing your claim, or if certain crucial facts were obscured or overlooked, an attorney can help you build an effective appeals case in Florida civil court.

Second-Tier Petitions for Review

A Florida appeals attorney with Chiappetta Trial Lawyers can also help you prepare a Second-Tier Petition for Review if your case needs to be escalated to a higher court past the traditional appeals process. The Second-Tier Standard for Review in the State of Florida is based on two main factors:

1. Whether the circuit or lower court applied the correct law; and
2. Whether the circuit court or lower afforded procedural due process.

If your claim meets these two standards, you may qualify to file a petition with the Florida Supreme Court for review of your case. It is advisable to review these details with an experienced appeals lawyer in Florida.

Contact a Florida Appeals Lawyer for a Consultation

Chiappetta Trial Lawyers represents plaintiffs and defendants in all matters of appellate law throughout the State of Florida. We take cases on a contingency basis. For cases we cannot take on a contingent basis, we offer flat fee options or payment plans to make our services as accessible as possible. We recognize that our clients’ real battles often take place outside of the courtroom. For this reason, you need the strongest possible legal team by your side to ensure that your energy and time can be focused elsewhere.

Our Florida appeals attorney is experienced in combing through every possible detail of a case, ensuring that no mistake or overlooked statute can be used to deny you what you may be entitled to. Contact Chiappetta Trial Lawyers today for a complimentary consultation about the facts of your case.