Appeals

Righting a Judicial Wrong in the Federal and Florida Courts

An appeal gives litigants the opportunity to correct an error made by the Florida or federal court. An appeal is not a new trial, but rather an examination of the trial process, conduct of participants or correctness of judicial decisions in light of their constitutionality, adherence to the rules of law and reflection of legal precedence.

The Law Offices of Geoffrey D. Ittleman, P.A. has argued civil appeals for businesses and individuals in South Florida for 15 years. Our appellate attorneys meticulously review the trial transcript, identify appealable errors and draft a persuasive brief to support our argument for relief. We also regularly develop arguments and written briefs in support of the judge’s decision made in our client’s favor that is disputed by the opposing party. We handle appeals of contracts, partnerships, corporations, real estate, securities, fraud and insurance claims.

You only have a short window to file your appeal after a court has made a final decision in your case. We recommend you do not delay in consulting with our law firm if you believe the judge made an error. At your free case evaluation, our attorneys will advise you of your appellate options and the anticipated costs and time of pursuing your available legal remedies. You can then make a well-informed decision about whether to move forward with an appeal of an incorrect decision.

Grounds for Appeal

You cannot appeal a decision because you do not like the outcome. In fact, the final decision may even be unjust and yet still not be appealable because the judge acted properly in the eyes of the law. Conversely, a judge may make a mistake that does cause you harm, which is also not appealable.

You must show grounds for an appeal, typically:

  • Prejudicial error: A mistake made by the judge about court procedure or law or misconduct by an attorney, judge or juror that harms you.

 

  • Insubstantial evidence: The evidence does not support the decision, such as an excessively high monetary verdict for minor damages.

Appellate Decisions

Depending upon your case, a single judge or a panel of judges may consider your appeal, which may be solely made through the written brief or argued orally before the court.

Upon conclusion of considering your argument, the appellate court may decide to:

  • Reverse the trial court’s decision
  • Send the case back to the trial court with instructions
  • Uphold the trial court’s decision

The party whom the appellate court rules against can appeal to a higher court. If the case is sent back to the trial court, the judge follows the appellate court’s instructions in regards to further action at that level.

Appeal a Judicial Error in South Florida Court

Law Offices of Geoffrey D. Ittleman, P.A. handles appeals for businesses and individuals in Fort Lauderdale, Hollywood and the surrounding communities for both plaintiffs and respondents. Call our appellate firm at (954) 462-8340 to schedule your free evaluation and learn more about remedies available to you on appeal.