The veteran appellate attorneys of the Law Office of Alba & Dubose, P.A. serving Gainesville, Florida, employ over thirty years of combined experience to represent their clients during the appeals process. The Law Office of Alba & 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 (more…)