Civil Appeals in Ft Lauderdale, Florida and Atlanta, Georgia
A Guide to Civil Appeals: Cases for an Appellate Attorney
In the United States, a civil appeal is a process by which a lower court's decision is challenged.
Appeals are typically made because either:
- The trial court misapplied the law or made an error in judgment; or
- Some irregularities in proceedings affected the case's outcome.
If a party does not agree with any decision made by a trial court, they may file an objection and petition for formal review before an appellate court. There are different types of appeals available, and an experienced appellate attorney from Hunker Paxton can assist in the complex processes involved.
Civil Appeals and Writs
A civil appeal is a petition to a higher court to examine a lower court's decision to see whether legal mistakes occurred during the initial trial. These are also known as judgment appeals. The appellant's initial step is to appeal with the higher court. A writ is a written order issued in the name of a court or other legal authority to act or refrain from acting in any way.
Here are some definitions of the types of appeals and writs you may need to be aware of:
- Interlocutory Appeals: An interlocutory appeal is a request for a trial court judgment made before the trial has been completed. It requests that an appeal court consider some aspect of the case before the trial is completed. If a judge decides to hear the case, interlocutory appeals might halt proceedings.
- Writ of Certiorari: A writ of certiorari is an order directing a subordinate court to submit its case records to a higher court for review. This writ can be utilized when an appeal has been denied, but you still believe there has been an injustice.
- Writ of Prohibition: A writ of prohibition is a judicial written warrant. A superior court enjoins an inferior court from proceeding in any matter over which the superior court has appellate jurisdiction. The purpose of this is to protect the jurisdiction of the higher court. A judicial writ prohibiting an inferior state or federal agency from proceeding in violation of federal statutes falls under this category.
- Writ of Mandamus: A writ of mandamus is a warrant from a higher court directing a public person to do a legally necessary act or refrain from exceeding their authority.
Here are some cases where someone might file a petition for a writ of mandamus:
- To compel a lower court to rule on a motion submitted in the past where no action was taken
- To petition for the release of materials following a public records request
- To compel a court-appointed attorney to supply you with information
- To petition a lower court to rule in a case that was dismissed in error
- Business/Commercial Dispute Appeals
- Disputes arising from contracts and commercial agreements can be complicated and often lead to lengthy and costly legal battles.
Some common issues that may lead to commercial disputes are:
- A failed contract
- Dispute on the terms of the contract
- Unperformed obligations
- Breach of trade descriptions act
- A party has been unjustly enriched at another's expense
Commercial appeals are regulated by statute, meaning they are very tightly defined. A company must show that there has been a significant error in law or an error in how the law has been applied before it can argue its case at appeal.
Personal Injury Claims Appeals
Personal injury can have many different meanings depending on the context. Often, personal injury refers to the physical injuries sustained by an individual after being involved in a car, truck, or motorcycle accident. There are three ways to appeal a personal injury claim.
The first is to request an increase in the settlement figure - this option will work best if there are significant changes in medical treatment costs, lost wages, or other damages. The second is to ask for additional damages - this option will work best if the evidence of pain and suffering was not previously considered. The third is to appeal on procedural grounds - this option might be successful if something went wrong during the original trial.
Property Damage Claims Appeals
If you are not happy with the claim settlement for your property damage, you can appeal. Perhaps the amount of money offered is not enough to cover the cost of repairs, or it doesn't reflect what your insurance company told you before submitting a claim. You can file an appeal if your insurance company does not renew your policy due to perceived risks. Whatever the reason may be, filing an appeal is always worth it to get what you deserve and for your situation to be resolved.
Construction Defects, HOA, and Condominium Association Disputes Appeals
Construction defects claim appeal, HOA disputes appeal, Condominium Association appeal are disputes among homeowners about the quality of the construction or neighborhood situations.
HOA disputes happen when homeowners aren't satisfied with how the HOA is running the neighborhood or community that they live in. If you're an owner and think that something needs to be changed, it's worth looking into whether you can file an appeal.
There are several reasons why a condo owner may want to appeal their Condominium Association decision. From someone breaking another person's car window to someone doing extensive damage to your property without permission.
Appellate Attorneys can Provide Support Counsel at Trial
Appellate attorneys are available to give trial support for clients and their trial counsel. When a favorable judgment is obtained, skilled appellate attorneys determine what more must be done so that the ruling remains. When an unfavorable result is reached at trial, the appeal court engages in post-trial consultation with the client and trial attorneys. Then appeals process is initiated with improved results in view.
Contact an Experienced Appellate Attorney
A civil appeals case is a complicated and challenging process. Having an experienced appeals lawyer is crucial to getting the help you need in matters of high-stakes litigation. Appeals lawyers are experts at handling the complicated process of appealing a legal decision. They work on behalf of clients whose lower court has denied relief or protection.
Civil appeals cases can involve complex matters of law and fact, which requires the attorney to have a deep understanding of the prior proceedings in the lower court. An appellate attorney should be knowledgeable about all aspects of civil litigation, including motions practice, trial advocacy, judgment enforcement, and settlement negotiations.
When you need an experienced lawyer to help with your civil appeals case, contact Hunker Paxton. Administrative proceedings, corporate and commercial disputes, insurance claims and bad faith, personal injuries, and property damage are just a handful of the areas where we represent clients in appeals. Contact us today at 877-841-8808 to schedule a consultation. Hunker Paxton serves clients throughout Florida and Georgia as well as other states, including Atlanta, Tallahassee, Jacksonville, Orlando, Tampa, Fort Lauderdale, Boca Raton, Weston, Coral Springs, Hollywood, Miami, West Palm Beach, and surrounding Florida communities.
Get in Touch
Call us now for a consultation and let us help you find the right path in your case.