Understanding the Appeals Process in Business & Real Estate Litigation in Florida: Your Legal Path

When you find yourself entangled in a business or real estate dispute in Florida, the resolution may not always be straightforward. Even after a trial, the verdict can sometimes leave you feeling that justice hasn’t been fully served. In such cases, the legal system offers you a second chance—this is where the appeals process comes into play.

As a law firm based in Florida, we understand how daunting the thought of appealing a court decision can be. We’re here to break down this process for you, so you know exactly what to expect and how to navigate this.

What is an Appeal?

An appeal is not a retrial or a new hearing on your case. Rather, it’s a formal request to a higher court to review the decision made by a lower court. If you believe that a legal error affected the outcome of your trial, an appeal allows you to challenge that outcome. It’s crucial to understand that appeals focus on the application of the law, rather than the facts of the case.

When Can You File an Appeal in Florida?

In Florida, you generally have the right to appeal after a final judgment is made in your business or real estate litigation case. A final judgment is one that resolves all the issues in your case, leaving nothing more for the trial court to decide. However, in some situations, you might be able to appeal certain non-final orders—these are typically rulings that have a significant impact on the case but do not conclude the litigation.

The Appeals Process: Step by Step

1. Notice of Appeal

The first step in the appeals process is filing a “Notice of Appeal” with the court that issued the original ruling. This document must be filed within 30 days of the final judgment or order you wish to appeal. Missing this deadline can result in losing your right to appeal, so it’s essential to act quickly.

2. Preparing the Record on Appeal

The “Record on Appeal” includes all the documents, evidence, and transcripts from your trial that the appellate court will review. This record is the foundation of your appeal, so it must be accurate and complete.

3. Writing the Appellate Brief

The appellate brief is a written argument that outlines the legal errors you believe were made during the trial. This document is crucial because it’s your primary opportunity to persuade the appellate court to overturn or modify the lower court’s decision. Your attorney will draft the brief, citing relevant laws, case precedents, and parts of the trial record to support your position.

4. Oral Argument

In some cases, the appellate court may schedule an oral argument where your attorney presents your case in person. This is an opportunity to clarify points made in the brief and to answer any questions the judges may have. However, not all appeals involve oral arguments; sometimes, the court decides the case solely on the written briefs.

5. The Appellate Court’s Decision

After reviewing the briefs and the record, and possibly hearing oral arguments, the appellate court will issue a written decision. This decision may affirm the lower court’s ruling, reverse it, or send the case back to the lower court for further proceedings.

What Are Your Chances of Winning an Appeal?

It’s important to know that appeals are challenging to win. Appellate courts give deference to the original trial court’s findings, particularly on matters of fact. However, if a legal error significantly impacted the trial’s outcome, you stand a strong chance of having the decision overturned or remanded for a new trial.

Why You Need an Experienced Appellate Attorney

The appeals process is complex and requires a deep understanding of legal principles, procedural rules, and effective advocacy. This is why having an experienced appellate attorney by your side is invaluable. An appellate lawyer not only reviews the trial record meticulously but also identifies potential errors that may not be obvious to less experienced eyes.

At Ayala Law, our attorneys have extensive experience handling appeals in business and real estate litigation. We know the stakes are high, and we’re committed to providing you with the highest level of legal representation throughout the appeals process.

Common Grounds for Appeal in Business & Real Estate Litigation

Understanding the typical reasons why business and real estate litigation cases are appealed can give you insight into whether an appeal is right for you. Common grounds include:

• Legal Errors: These occur when the trial court misinterprets or misapplies the law.
• Abuse of Discretion: This is when a trial court makes a decision that is arbitrary, unreasonable, or not supported by the facts.
• Procedural Errors: Mistakes made in the legal procedures during the trial that could have affected the outcome.

What Happens If You Win the Appeal?

If you win the appeal, the appellate court may reverse the trial court’s decision, which could mean a new trial, a change in the judgment, or even a complete dismissal of the case. It’s also possible that the appellate court will send the case back to the trial court for further proceedings consistent with its ruling.

What If You Lose the Appeal?

If the appellate court rules against you, you may have the option to appeal to a higher court, such as the Florida Supreme Court. However, higher courts have discretion over which cases they hear, so not all appeals are granted.

Navigating the Appeals Process with Confidence

Facing an appeal can be intimidating, but with the right legal team, you can navigate this process with confidence. At Ayala Law, we’re here to guide you every step of the way, ensuring that your case is presented with the skill and dedication it deserves.

If you believe an appeal is the next step in your business or real estate litigation case, contact one of our experienced appellate attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.  

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here. 

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].