Appeals
We are experienced with appeals and happy to work with referrals and individuals who are facing an appeal.
Appellate attorneys
We represent clients in Florida state court appeals and in federal appeals. We handle a wide range of appeals involving business torts, insurance coverage, personal injury, employment law, wage and hour disputes, and other civil matters. Our firm is flexible with fee structures for appeals and we work with clients and referring attorneys to find the right fit for the case and the situation. We have worked on appeals on straight contingency fees, flat fees, hourly, monthly, or a blend of these.
Appeals in St. Petersburg, Tampa and the surrounding region
Appeals typically start when a final judgment is entered – whether after a trial, summary judgment, or a dismissal with prejudice. In some cases appeals take place in the middle of a case when a trial court’s decisions on discovery, jurisdiction, or other matters can be challenged through a writ to the appellate court. We handle all stages of appeals, from the notice of appeal to the briefs to oral argument. We also provide clients with advice about appellate strategy, chances of success, and possibilities of settlement.
Litigation and trial support
Our firm provides litigation and trial support to trial attorneys. We offer full litigation support services, including handling motions practice before, during, and after trial. We also help ensure that harmful errors are preserved for appeal and provide advice for avoiding appellate issues that could undo a victory in the trial court.
Complex issues and dispositive motions
We also assist trial counsel with complex issues and critical motions during litigation. We have helped trial attorneys successfully seek reconsideration of summary judgment orders, and researched, briefed and argued complex summary judgment issues.
Recent appellate results
Axel v. Fields Motorcars of Florida, Inc., 711 Fed. Appx. 942 (11th Cir. 2017)
The Middle District of Florida granted summary judgment against Mr. Axel, who had sued under the Fair Labor Standards Act. Trial counsel and Mr. Axel asked us to appeal the summary judgment order. We briefed the issues and conducted oral argument before the Eleventh Circuit Court of Appeals. The Eleventh Circuit held in favor of our client and vacated the summary judgment order. View a copy of the appellate court’s decision.
Listen to an audio recording of the oral argument.
Bric McMann Indus., Inc. v. Regatta Beach Club Condo. Ass’n, Inc., 223 So. 3d 469 (Fla. 2d DCA 2017)
We represented a business owner whose Complaint for multiple business torts and breaches of contract had been dismissed the prejudice. We were hired to appeal that decision. After fully briefing the case and conducting oral argument, the Second District Court of Appeal reversed the trial court’s dismissal and allowed the case to go forward. View a copy of the appellate court’s opinion.
Meeks v. Pasco County Sheriff, 688 Fed. Appx. 714 (11th Cir. 2017)
We represented an employee who sued his employer under the Fair Labor Standards Act. Our client won on summary judgment in the federal trial court, but his employer took an appeal to the Eleventh Circuit Court of Appeals. We handled the appeal and the summary judgment in favor of our client was affirmed. View the appellate decision in favor of our client.
Talk with an appellate attorney
If you are facing an appeal or think you could use litigation support, contact us.
What is an appeal?
Our court system is divided into layers with the “higher” court able to review—and sometimes change—the decisions of a lower court. An appeal is when someone asks the higher court to review a lower court’s decision.
Usually, an appeal is about which side should have won the whole case. The party who lost in the lower court is called the “Appellant” and is asking for the appellate court to reverse the lower court. When an appellate court reverses a lower court’s decision, that decision is undone. On the other hand, the party who wins in the lower court is called the “Appellee” and wants the appellate court to affirm the lower court. When an appellate court affirms a lower court’s decision, that decision stands unchanged—in other words, the winner stays the winner.
What happens in appeals?
Appeals follow a formal structure with strict deadlines. The process starts with a notice of appeal. The appellant works on gathering the record that will be reviewed by the appellate court and writes a brief making all of the arguments for why the lower court should be reversed. The appellee then has an opportunity to respond to that first brief with an “Answer Brief.” Then the appellant gets the last word in the form of a “Reply Brief.” Many cases are decided based on the briefs submitted by both parties.
In some cases, the appellate court holds oral arguments. At oral argument, both sides get to present their arguments to the court and answer whatever questions the judges have.