Appeals

we specialize in appeals

We have comprehensive experience in appeals, effectively representing clients across a wide range of practices areas in both state and federal court.

 

Our appellate practice includes:

  • Appeals from final judgments
  • Challenges to nonfinal orders by way of interlocutory appeal
  • Petitions for extraordinary writs of certiorari, prohibition, mandamus, and other forms of relief

With focused diligence, we fight to preserve trial victories against post-verdict and post-judgment attacks in the trial court as well as on appeal. Clients frequently retain us to rehabilitate problematic cases in the trial court and to seek appellate reversals of adverse judgments.

 

We represent clients in appeals involving administrative actions, business and commercial disputes, insurance claims, bad faith, personal injuries, property damage, condominium and homeowners associations, construction defects, and more.

Process

In our view, an appeal begins when the case is initiated in the trial court because a party generally cannot raise issues on appeal that it did not raise in the trial court, and the appellate court does not consider evidence outside the trial court record. For these reasons, clients and trial attorneys often benefit from early involvement of appellate counsel before the trial court enters an appealable order.

In many cases, we recommend filing a timely motion for rehearing in the trial court before initiating an appellate action. This provides an additional opportunity to alert the trial court of any error it may have committed and to preserve additional arguments for appeal.

In most jurisdictions, the notice of appeal must be filed within 30 days of the final judgment. This is a mandatory time limit and a failure to seek timely review will result in a dismissal of the appeal for lack of jurisdiction. In Florida, some post-judgment motions toll the time to file the notice of appeal, but a motion to reconsider a nonfinal order does not. 

Strong legal writing can be hard to find. In our practice, we often encounter very long appellate briefs that read more like a stream of the lawyer's consciousness than an organized, well-supported analysis. Our method involves deep and comprehensive research into legal theory and the principles underlying the blackletter law. We develop an analytical framework that supports a succinct, logical, and compelling presentation of the correctness of our clients' positions. After analyzing the facts under the appropriate framework, we address the defects in each of our opponent's counterpoints. We generally do not acknowledge ad hominem attacks or offensive personalities from the other side. Appellate courts are concerned with legal analysis on the issues and are generally not persuaded by an attorney's expressions of outrage at an opponent's position.

If the appellate court issues an adverse ruling, the losing party should consider whether to file a post-decision motion or seek further review in a higher appellate court. In Florida, the rules provide for filing a motion for rehearing, for rehearing en banc, for clarification, or—in cases where the court affirms without opinion—a written opinion. The grounds for seeking rehearing are limited to pointing out matters reflected in the written opinion that the appellate court apparently either overlooked or misunderstood. A motion for rehearing should never be used to merely re-argue the briefs, assert new matters that could have been raised in the briefs, or express frustration at the appellate court's ruling. In some cases, the losing party may have a chance to seek review from a higher appellate court. The grounds for further review become narrower the higher up the appellate ladder the case travels. We carefully weigh each option to determine the best course of action for our clients.

Practice Areas

Insurance
Construction
Civil Rights
Malpractice
Condominium & Homeowners Associations
Defamation

More Practice Areas

Hunter Appeals Promise

Our Promise

While all litigation inherently involves risks, and there are no guarantees of any particular outcome, we at Hunker Appeals are committed to providing effective legal counsel, quality high-level work product, and superior client responsiveness to give our clients the strongest opportunity to achieve a favorable outcome.

Get in Touch

Call us now for a consultation and let us help you find the right path in your case.

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