In the Florida legal system, your case doesn’t always end at the trial court. All too often, mistakes made by the trial judge will alter the balance and lead to an unfortunate outcome. A higher court won’t retry your case from the beginning, but it can review for errors to ensure that you were treated fairly. If you believe that your case was wrongly decided or that your rights were violated, you may have the right to file an appeal.
Tyler Appeals, P.A., is a law firm dedicated to everything related to the appellate system. This includes working on appealable motions, filing appeals, or engaging with trial counsel to provide strategic support. Attorney Tyler Rauh has dedicated his career to appellate work, and he looks forward to putting that experience to good use in your case.
What Is an Appeal?
An appeal is a legal process used to challenge a decision that was issued by a trial court. An appeal is completely different from the trial, which focuses on settling the facts of the case. On appeal, the courts will look at resolving legal issues, including whether or not the trial judge made a mistake.
In an appellate court, your attorney cannot call witnesses or (usually) introduce new evidence like they might at trial. Instead, the court reviews the case through written briefs and an examination of the trial court record. In some cases, they might agree to let both sides make oral arguments. The end result is that the appellate court will determine if any mistakes were made that would have potentially altered the outcome.
Why Hire a Dedicated Appeals Attorney
Appeals require a different skill set compared to trial work. Hiring a dedicated appellate attorney gives you the chance to secure the best result for your case. Some of the reasons why experience in appeals makes a difference include:
Legal Analysis
Appellate work is not about convincing a jury, but instead persuading judges that the trial court made a mistake. Even attorneys with five decades’ experience make the mistake of arguing to an appellate panel as if the panel is a jury. A dedicated appellate lawyer knows how to argue to an appellate court and can dissect trial records in an effort to identify legal errors that might have led to a bad decision.
Briefing Skills
The backbone of any appeal is the written brief. Appellate attorneys focus on crafting persuasive briefs that present complex legal issues in a compelling format. Tyler’s work is known for clarity, structure, and strategic use of legal authority.
Procedural Experience
Appeals are governed by strict deadlines and procedural requirements. Missing a single one of these requirements can doom a case, even if the law is on your side. An attorney can make sure you meet these deadlines and have your case heard on its merits.
Strategic Collaboration with Trial Counsel
Appellate attorneys can also work in conjunction with the legal team that handled the case at the trial court. Instead of representing clients directly, appellate attorneys can provide behind-the-scenes resources that improve the chances of getting a better result on appeal or avoiding an appeal altogether.
Objective Review
It is always helpful to have fresh eyes on your case before you file an appeal. Even attorneys who pride themselves on objectivity can get emotionally attached to a case after they take it to trial. This can lead to bad advice or decisions at the appellate level that damage the chances of having a bad verdict overturned.
Possible Outcomes on Appeal
There are several different outcomes that an appellate court could reach in your case. Some bring your case to an end entirely, while others require additional court proceedings. These options include the following:
Affirm
The appellate trial court will affirm the decision if it finds that the trial judge applied the law correctly and avoided any substantial errors. This means the original judgment stands as is, and the appeal is denied. Even if there were minor mistakes, the court may still affirm if these errors are harmless enough that they did not affect the outcome.
Reverse
A reversal occurs when the appellate court finds a significant legal error that affected the trial’s result. In this case, the court may overturn the lower court’s judgment entirely.
Modify
Sometimes, the appellate court agrees with most of the trial court’s decision but identifies a part that requires correction. In these cases, the court may issue a modified ruling while leaving the rest of the judgment intact.
Remand
If the appellate court determines that further proceedings are needed, it may remand the case to the trial court. This means the lower court must reconsider the case, typically with new guidance on how to resolve the issues that were brought up on appeal. It is important to understand that when a case is remanded, it is still possible for the trial court to reach the same conclusion even with the new guidance.
Reach Out to Tyler Appeals P.A. Today
There are a lot of factors that go into a successful appeal. This work is very different from trial practice, with a thin margin of error and a unique set of legal requirements that differ significantly from trial litigation.
At Tyler Appeals, P.A., we are ready to help you evaluate your options and pursue your appeal. We can also assist your trial attorneys by providing them with resources and support as they challenge your decision at a higher level. Contact us as soon as possible for a confidential consultation.