Consulting with an experienced appeals attorney helps you avoid the mistakes that lead to delays or additional legal costs. A brief will need to be provided, and your attorney will help you obtain the transcripts and other documents required by the appellate courts.
Your brief will also include an outline of the reasons for your appeal. The appellate court must evaluate your case and assess the manner in which the lower court made its final decision. If your appeal is affirmed, you may file a petition to have your appeal reheard by the appellate court. You need to file your petition within 30 days after the court has made its decision.
Your attorney can provide you with the information you need to ensure that you meet all filing deadlines. The appellate court will then decide if your case will be reheard. Another result could be that the aggrieved party may seek to have a different court altogether review the appellate process. Generally, appeals by trial courts in Florida are reviewed by the District Courts of Appeal, but those District Courts of Appeal have an even higher authority in the Florida Supreme Court, so their rulings could be reviewed by that court.
As a general rule, a person that is aggrieved by a court decision can nearly endlessly apply to have that matter reviewed by ever-higher authorities. The Arizona Supreme Court denies to hear the vast majority of secondary appeals filed with it. Simply, the appellate court only determines if the trial court made an error; it does not fix the error. This means that the issue or issues wrongly decided will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court.
Regardless of who represented you at trial, Attorney Robert Malove can review your case and present you with all of the options for appeal so that you can make the decision that is right for you. Fill out our online contact form or call us today to learn more.
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