§ Practice area 02
Appeals
An appeal is a different case from the trial: a written argument about what the record shows and what the law requires, decided by judges who were not in the courtroom. Andre handles appeals in Florida’s District Courts of Appeal, the Supreme Court of Florida and the United States Court of Appeals for the Eleventh Circuit, and works with trial counsel to protect the record before judgment.
Briefs that judges can use
Appellate courts do not retry cases. They ask whether the trial court applied the right law, whether the record supports what it found, and whether any error actually changed the result. A good brief answers those questions in the order the judges will ask them, with the record citations to prove each point and no argument the standard of review cannot carry.
Andre’s appellate work includes reported decisions from the Eleventh Circuit and Florida’s Third and Fourth District Courts of Appeal, and a case briefed on the merits in the Supreme Court of Florida — on both sides: appeals from adverse judgments and answer briefs defending favorable ones. He also consults with trial lawyers during a case, because the best appeal is the one whose issues were preserved on day one.
Matters we handle
- Final and nonfinal appeals in Florida’s District Courts of Appeal
- Appeals to the Eleventh Circuit from the federal district courts
- Petitions for writs of prohibition, certiorari and mandamus
- Jurisdictional and merits briefing in the Supreme Court of Florida
- Answer briefs defending a favorable judgment
- Motions for rehearing, rehearing en banc and certification
- Appellate attorney’s-fee motions and responses
- Consulting with trial counsel on preserving error, directed verdict and new-trial motions
How an appeal moves
From the notice to the mandate.
- 01
Record and deadlines
The notice of appeal, the record designation and the transcripts, filed on time and built to show the error.
- 02
Issue selection
Not every mistake is reversible. We choose the arguments that can win under the standard of review and leave the rest out.
- 03
Briefing
The initial, answer and reply briefs — tight, cited to the record, written for judges who read hundreds of them.
- 04
Argument and after
Oral argument when the court grants it, then rehearing, the mandate and any fee proceedings.
Common questions
What clients ask about appeals.
How long do I have to appeal?
In most Florida civil cases the notice of appeal must be filed within thirty days after the order is rendered, and in federal civil cases within thirty days after judgment is entered. Some orders carry shorter or different deadlines. Missing the deadline usually ends the appeal, so call as soon as the order is signed.
Can I appeal because the judge got the facts wrong?
Rarely on that ground alone. Appellate courts defer to findings of fact that competent evidence supports and review questions of law without deference. The strongest appeals identify a legal error or a finding with no evidence behind it.
Does an appeal stop the other side from collecting the judgment?
Not by itself. A money judgment is usually stayed by posting a bond for the judgment amount plus interest; other orders require a motion for a stay. We address the stay at the same time as the notice of appeal.
Do you take appeals from cases you did not try?
Yes. Many of the firm’s appeals come from other lawyers, on both sides — challenging a judgment or defending one. We also work alongside trial counsel on motions that shape the record.
Considering an appeal?
Send the order and the date it was signed. The deadline runs from that day.