Veteran appellate attorney serving Gainesville, Florida, J. Mark Dubose employs over a decade of experience to represent his clients during the appeals process. The Law Office of J. Mark Dubose P.A. is proud to offer appellate services and fully embraces the task of assisting you on traveling the often arduous and detailed path to obtaining justice.
What is an appeal?
An appeal is a written request, made to a higher court, to modify or reverse a trial judgment. Submitted by the aggrieved party, appeals have a time limit and must be filed within that time limit or be barred. Unlike the original trial, an appellate court reviews the processes and procedures used by the lower court, not the facts, to determine if an error was made. In the event an error is discovered that could have affected the outcome of the case, the court may dismiss the judgment and rule for a new trial, reverse the judgment and rule in favor of the aggrieved party, or modify the judgment and remand for further proceedings
Requirements for an appeal
In order for an appeal to be filed, it must meet the following requirements.
- Finality: The decision must be final in most instances. Often courts will grant or deny requests or motions during the course of a trial. These decisions are not considered final in most cases, as they do not conclude the case. Only a final decision is normally appealable.
- Timeliness: In most cases, an appeal must be filed within 30 days of the final judgment. After that window expires, the appeal request will not be accepted.
Appellate Lawyers
When filing an appeal it is vital to obtain legal advice from a skilled and knowledgeable appellate attorney. Frequently, clients mistakenly appoint their trial lawyer to handle the appeal, assuming they best know the case. In fact, trial and appellate attorneys possess unique skill-sets specialized for their practice. For instance, trial lawyers rely on strong oral advocacy and charisma to present facts to a jury. Conversely, appellate lawyers utilize written arguments to present a detailed analysis of the theories of law and trial testimony. Hiring appellate counsel will provide a new perspective to the case and afford a better suited set of skills. Even most good trial attorneys know that they should let an experienced appellate attorney handle an appeal.
When seeking an appellate attorney, clients should consider their ability to:
- Perceive legal issues from a judge’s perspective
- Effectively communicate through persuasive writing
- Argue complex legal and factual material
- Understand the complex rules governing the appeals process
Appeals to State Courts
The Law Office of J. Mark Dubose P.A. has extensive knowledge and experience presenting appeals cases to the state court. Our practice has successfully represented clients in the following appeals proceedings:
- Commercial Litigation appeals: Our practice has appealed various rulings in commercial cases including contract disputes, real estate disagreements, construction issues, business licensing, partnership disputes, landlord-tenant disputes and much more.
- Family law appeals: Our appellate attorneys aid clients in child custody, child support, timesharing, alimony, property distribution and other family law appeals cases.
- Original proceedings: If necessary, our practice will embrace the ability to protect your rights in original proceedings including writs of mandamus, prohibition, certiorari and habeas corpus.
- Probate Litigation Appeals: Our practice has represented clients in complex disputes over inheritance rights during the appeals process.
Trial Support and Preparation
As a practice we take great pride in the careful preparation and support given to each client. The skilled appellate attorney at The Law Office of J. Mark Dubose P.A.will gladly assist your trial attorney in preparing for your case. Pre- and post- judgment assistance is offered to provide sound legal representation for our clients.
- Pre-judgment assistance: Our office regularly assists trial lawyers in planning, researching and drafting critical pre-trial motions. Our services also include drafting jury instructions and acting as appellate counsel to ensure an accurate trial record is kept.
- Post-judgment assistance: Once the judgment has been announced, the Law Office of J. Mark Dubose P.A. will work side by side with your trial counsel to assess the record, analyze the issues and potentially file any post-judgment motions, such as for rehearing, stay or setting of a bond.
Appellate Consultation and Ghostwriting
Occasionally, an appeals attorney may be consulted to aid an attorney who is less experienced in handling appeals to prepare to represent a client on appeal. The Law Office of J. Mark Dubose P.A. proudly offers consulting and ghostwriting services to colleagues. Our practice provides well informed recommendations and step- by- step guidance to assist in your appeals process. Brief writing review and revision as well as full ghostwriting services are available.
When preparing your appeal it is imperative to choose an appellate attorney with extensive experience and a sound understanding of appellate law. The Law Office of J. Mark Dubose P.A. is confident in our ability to represent you in your case and provide results.