The legal process is often adversarial, and litigation often ends with one side feeling like they “won” and the other side feeling as though they “lost.” It is no surprise, then, that a trial is many times followed by an appeal. Appellate proceedings are very different from trials, however, and it is critical that both lawyer and client understand the distinction. At Hayes & Newman, P.L., we have the knowledge, skills and experience in both trial and appellate law to provide excellent representation in your civil matter, contact our experienced Florida construction law appeal lawyers.
Hayes & Newman, P.L. represents contractors, subcontractors and construction companies in direct appeals to the Florida District Courts of Appeal under the Administrative Procedures Act. In addition to filing or responding to appeals following commercial litigation, our firm represents business owners in a variety of fields seeking a review of local government action, a petition for certiorari or other writ, interlocutory appeals and jurisdictional briefs. Our attorneys have handled appeals in all Florida District Courts of Appeal as well as the First, Fourth and Eleventh U.S. Circuit Courts of Appeal. We have handled appeals from trials and arbitrations, and have represented clients in post-appeal proceedings for legal fees and costs. Hayes & Newman, P.L. provides assistance across the spectrum of Florida appellate matters.
Many people think of an appeal as a second chance to try their case in court, but that is not how an appeal works. An appeal must be based on the ground that a serious mistake was made in the trial which affected its outcome, and that alleged mistake is the subject of the appeal. For instance, a party may argue that the judge ruled the wrong way on a particular motion or objection made at trial, or that the instructions given to the jury were incorrect, incomplete or misleading. It is also possible to argue that the trial judge or arbitrator abused his or her discretion or acted in a way that was unsupported by the law or facts of the case. Just as important as identifying a proper ground for appeal is being able to show that the mistake is more than “harmless error.” The mistake must have been of a magnitude to justify overturning or modifying the trial court’s decision, or sending the case back down for another hearing.
As both trial and appellate lawyers, Rosemary Hayes and her associates understand how to preserve a record at trial for appeal, and how to review a trial transcript for appealable error. Moreover, we are experienced at preparing a strong petition or response, and researching and writing a persuasive and compelling brief that supports your position. We also understand the strict timeframes for appeals and jurisdictional limitations of appellate courts, and we won’t let your case get lost over a technical issue that a less-experienced attorney may not be aware of.
For expert advice and representation in appeals in Florida state or federal courts, contact us at Hayes & Newman, P.L. at 407-649-9974.