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Appellate Litigation

Cases We Handle On Appeal

We represent new and existing clients in state and federal appellate litigation involving all of our areas of practice. Whether you need to challenge the outcome of a contract dispute or you need to ask an appellate judge to uphold the trial court’s decision in a labor and employment matter, we can help. Whether you are seeking to challenge or defend a trial court decision, our Fort Lauderdale appellate attorney will thoroughly assess potential grounds for appeal, and we will develop a custom-tailored appellate strategy focused on the specific circumstances at hand.

There are several potential grounds for appeal in civil litigation. These include both issues with the facts and issues with how the law was applied at trial. For example, if the factfinder (the judge or jury) failed to consider relevant evidence, this could justify an appeal. Or, if the judge misinterpreted existing case law resulting in a wrong result, this could also justify an appeal. Combing the trial record to determine what grounds exist to file an appeal can be a time-intensive process. It is also a process that must be conducted quickly, as the time window for filing an appeal is limited. Each Fort Lauderdale appellate attorney at our firm has significant experience in all aspects of appellate practice, and we can use our experience to efficiently determine what grounds exist, if any, to challenge your trial verdict.

In some cases, it is possible to challenge a trial court’s decision prior to the verdict. This is known as an “interlocutory appeal.” While interlocutory appeals are relatively rare, when warranted, they can provide essential relief from an error during trial proceedings—and they can significantly reduce the time and cost burdens of litigation.  

Appeal vs. Trial

Contrary to popular belief, an appeal is not a redo. Instead, finding success on appeal requires the ability to persuade the appellate court that a legal or procedural error materially affected the outcome at the trial level. Instead of presenting witness testimony and other evidence, appellate lawyers present legal arguments. Thus, providing effective appellate representation requires writing and speaking effectively, and it requires an in-depth understanding of the unique nature of appellate litigation.

FAQs: Challenging (or Defending) a Trial Verdict on Appeal

Is It Possible to Appeal the Amount of a Damages Award Without Challenging the Trial Outcome Regarding Liability?

Yes. If a plaintiff or defendant is satisfied with the trial outcome regarding liability but disagrees with the amount of damages awarded, that party can file an appeal with regard to the determination of damages only. However, challenging a damages award does not involve a re-trial on the merits of the plaintiff’s damages claim. Instead, to overturn a damages award, it is necessary to show that there was a flaw in the process leading up to the determination of damages.

What are the Potential Outcomes of a Civil Appeal?

An appeal can have three primary outcomes. One possibility is that the appellate court will affirm the trial court’s decision. Another possibility is that the appellate court will reverse the trial court’s decision on one or more of the issues subject to the appeal. In this scenario, the appellate court may also remand the case to the trial court for further proceedings. A third possibility is that the appellate court will dismiss the appeal based on mootness or other grounds. 

Choose a Fort Lauderdale Appellate Attorney from Olive Judd

Our lawyers are experienced in commercial litigation appeals in state and federal courts. Our appellate attorneys also provide litigation support to our trial attorneys, in order to prevail at the trial level and preserve any issues for potential appellate review. Our attorneys aim to provide such support in a cohesive manner so that efforts are collaborative and not duplicative. Our appellate practice group is made up of accomplished writers and oral advocates who specialize in maintaining trial victories on appeal or on seeing that cases are overturned where we believe they were wrongly decided.

Members of our team have briefed and argued cases in Florida’s state courts of appeals and the U.S. Court of Appeals for the 11th Circuit. We hand-pick the appeals that we accept in order to maintain a manageable caseload and to provide your case with the specialized attention it deserves. Our Fort Lauderdale appellate attorneys understand that victory on appeal requires effectively compressing years of litigation history into a compelling narrative, while often interposing such narrative with complex legal issues. Additionally, our clients hire us when they have received an unfavorable verdict at trial and need a firm that will design an effective post-verdict strategy that will maximize their chances of success on appeal.  Contact us today.