Helping Correct Judicial Injustices In Florida Courts
If an error has been made by a federal or Florida court, an appeal allows this wrong to be corrected. While an appeal is not a new trial, it will enable the court system to reexamine the trial process, the correctness of the judicial decisions, the conduct of participants and the constitutionality of the case, including the court’s adherence to the rules and the reflection of legal precedence.
The The Law Offices of Geoffrey D. Ittleman has successfully argued civil appeals for both businesses and individuals throughout Florida. Our appellate attorney will review trial transcripts, identify any appealable or egregious errors, and then draft a brief to help support your appeal argument. Our team can also craft legal arguments and written briefs to help support a judicial decision, should the opposing party dispute the case. We specialize in handling appeals for contracts, real estate, insurance, securities and fraud, as well as partnerships and corporations.
Geoffrey Ittleman has been the lead counsel in numerous successful appeals, including published appellate decisions which become part of Florida and federal case law.
What Are Grounds For Appealing?
It’s important to keep in mind that just because you don’t like the outcome of your court case, it doesn’t mean you can appeal. Even if the final decision feels unjust, if the judge acted within the scope of the law, your case may not qualify for an appeal. However, if the judge made an error which negatively influenced the outcome of the case, you may have grounds for an appeal.
The following highlights the two main grounds for an appeal:
- Insubstantial Error – If the evidence of the case does not support the court’s decision. For example, an excessively high monetary verdict for a case that only has minor damage.
- Prejudicial Error – If a judge makes a mistake or an attorney, judge or juror shows misconduct that harms the outcome of the case.
Appellate Court Decisions
A single judge or a panel of judges may review your appeal. Depending upon the case, the decision may be argued orally before the court or the appellate lawyer will submit a written brief.
Once all legal documentation has been submitted to the court for review, the appellate court may decide to:
- Uphold the original trial court’s decision
- Reverse the original trial court’s decision
- Send the case back to the trial court with specific instructions
The party that the appellate court rules against has the option to appeal to a higher court. If the case goes back to the trial court, a judge will follow the instructions as set forth by the appellate court.
Seeking To Appeal A Judicial Error In Florida?
You have a limited time to file an appeal after the court makes a final decision. If you are considering pursuing the appeal process, we recommend contacting our appellate attorney as soon as possible. Call our Fort Lauderdale office at 954-546-7441 to schedule a free evaluation, or use our online form.
We welcome referrals from other Florida attorneys whose clients need appellate advocacy.