Florida Civil Appeals

A civil judgment is not always the last word. When a Florida trial court enters an adverse final judgment or an appealable non-final order, the losing party may seek review in a District Court of Appeal. At the Law Offices of Albert Goodwin, PA, we handle civil appeals throughout Florida, representing both appellants seeking to overturn an unfavorable result and appellees defending a judgment they won below.

What a Civil Appeal Can and Cannot Do

A civil appeal asks a higher court to review the trial court's rulings for legal error. It is not an opportunity to relitigate the facts, introduce new evidence, or call new witnesses. The appellate court is confined to the record made in the trial court and to the issues that were properly preserved there. For that reason, the strength of a civil appeal depends heavily on what happened below: whether the error was preserved through a timely objection or motion, whether the record supports the argument, and what standard of review applies to the issue.

Civil Matters We Handle on Appeal

We evaluate and handle civil appeals arising from a wide range of disputes, including:

• Breach of contract and business disputes
• Real property and title disputes, including partition and quiet-title matters
• Fiduciary disputes and claims involving trustees, agents, and personal representatives
• Disputes over the entry of summary judgment or judgment after a bench or jury trial
• Injunctions and other equitable relief
• Awards of attorney's fees and costs
• Orders determining venue, jurisdiction, or the right to immediate possession of property

Final Judgments and Non-Final Orders

Most civil appeals are taken from a final judgment — an order that ends the litigation on the merits and leaves nothing for the trial court to do but execute the judgment. Under Florida Rule of Appellate Procedure 9.110, a party may appeal a final judgment as a matter of right by filing a notice of appeal within 30 days of rendition.

Some non-final orders may also be appealed immediately. Florida Rule of Appellate Procedure 9.130 authorizes the appeal of specified non-final orders, such as those determining jurisdiction over the person, the right to immediate possession of property, the entitlement to injunctive relief, and certain orders on liability or venue. Determining whether an order qualifies for immediate appeal — and, if not, whether certiorari is available — is a threshold question we analyze at the outset of every matter.

The 30-Day Deadline Is Jurisdictional

The notice of appeal in a civil case generally must be filed within 30 days of the rendition of the order being appealed. This deadline is jurisdictional: if it is missed, the appellate court has no power to hear the appeal, regardless of how strong the underlying arguments may be. Certain timely post-trial motions, such as a motion for rehearing or for a new trial, may toll the time to appeal, but the rules are technical and unforgiving. Because of this, you should consult an appellate attorney immediately after an adverse ruling.

Representing Appellees

If you prevailed in the trial court and your opponent has appealed, you need appellate counsel to defend the judgment. As appellee's counsel, we explain to the appellate court why the trial court reached the right result, why any claimed error was unpreserved or harmless, and why the applicable standard of review supports affirmance. A favorable judgment is a valuable asset, and defending it on appeal requires the same care that obtaining it required.

Our Approach to Civil Appeals

We begin by reviewing the record and the judgment to identify the strongest preserved issues and the standards of review that govern them. We give you a candid assessment of the merits before you commit to an appeal, and if you proceed, we handle every stage of the appellate process — from the notice of appeal and the record on appeal through the initial, answer, and reply briefs and oral argument.

Contact a Florida Civil Appeals Attorney

If you are considering an appeal or need to defend a judgment on appeal, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411 or email [email protected]. Because appellate deadlines are short and jurisdictional, please contact us promptly after an adverse ruling.