Appellate Law2021-07-27T16:01:12+00:00

appeals

Appellate law is an area of law focused on challenging prior rulings by a judge to a higher court. The actions of trial counsel as well as the decisions of the judge all have a determination on whether an appeal is appropriate in the case. Therefore, it is critical to have the representation of a firm who is experienced in both litigation and appellate practice during all stages of litigation.

Appellate law is an area of law focused on challenging prior rulings by a judge to a higher court. The actions of trial counsel as well as the decisions of the judge all have a determination on whether an appeal is appropriate in the case. Therefore, it is critical to have the representation of a firm who is experienced in both litigation and appellate practice during all stages of litigation.

Primary Contacts

Final Decision Appeals

These appeals are the most common type of appeal. They occur after a judge has entered a final judgment in a case.

However, a final judgment can take on many different forms:

  • An order granting a motion to dismiss with prejudice
  • An order granting a motion for final summary judgment
  • A final judgment after a trial

Interlocutory Appeals

These appeals are rare, as they occur while a case is still ongoing. The idea behind an interlocutory appeals is that the case would be decided differently if the interlocutory review is not completed  before the trial is concluded.

Types of issues that are available for an interlocutory appeal are:

  • An order to prevent a party from destroying evidence related to the case
  • An order to prevent land from being sold during litigation

At Bitman, O’Brien and Morat, PLLC, we strive to achieve the best outcome for you. Our firm has the luxury of both litigation and appellate attorneys working together in the same firm which help insures that all potential appellate issues are identified and preserved while the case is still in trial. Call us today at 407-815-3110 to consult with an appellate lawyer about your options.

FAQ’s

How do I find a good appellate lawyer?2021-07-06T17:35:27+00:00

Since the process of filing an appeal can be extremely complex, you’ll want to involve an appellate lawyer who knows the ins and outs of appellate law. Contact us to schedule a consultation with an appellate lawyer to explore all your options.  

What are interlocutory appeals?2021-07-06T17:36:28+00:00

Interlocutory appeals are more limited since they take place while a case is still ongoing. They involve a petition to an appellate court to challenge a court order and seek a ruling of an issue that affects matters pending and at issue in the underlying case.

What is the most common type of appeal?2021-07-06T17:35:10+00:00

Final decision appeals are the most common type of appeals. They take place after a judge has entered a final judgment in a case.

What is appellate law?2021-07-06T17:34:55+00:00

Appellate law focuses on challenging prior rulings by a judge to a higher court. In other words, if you receive an unfavorable outcome in court, you still have legal options for a review of the decision.

What does “appealing” mean in court?2021-07-06T17:14:06+00:00

An appeal serves as a request to a higher court to review the decision of a lower court. If the appeal is granted, the decision of the lower court may be reversed (in whole or in part). If denied, the lower court’s decision will stand.

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Appellate Court: City’s Vacation Rental Fines are Not Fine

The City of Miami Beach appears to have lost a major battle in its war on short-term rentals following a recent decision by Florida’s Third District Court of Appeals, which declares that the City’s excessive fine structure is illegal under Florida law.

July 24th, 2020|

Practices

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