Don’t Waive Your Appeal: A Guide to Preserving Trial Error

The article discusses how lawyers can avoid losing their cases on appeal by making sure they preserve their arguments properly during trial. It’s important for lawyers to know the different ways to do this, so they don’t miss out on the chance to have their case heard in appellate court. In order to preserve issues for appeal, parties must follow certain procedures during trial. These include making objections to evidence or jury selection, and requesting mistrials when necessary. Failure to follow these procedures can result in the issue being waived for appeal. It’s important to follow the rules to ensure that any errors during trial can be reviewed by a higher court. If a party wants to challenge a jury instruction or a verdict, they have to ask for it during the trial and make a specific objection. If there’s an issue with the verdict, they need to raise it before the jury is dismissed or it’s waived. If there’s a problem with the amount of money awarded, they can file a motion for the court to change it. If there’s a problem with the verdict form, they have to object before it’s given to the jury. Errors in the trial can be overlooked if they didn’t affect the outcome of the case. In some cases, fundamental errors can be raised on appeal even if they weren’t addressed during the trial. These are references to legal cases in Florida. They include the names of the cases, the court where the case was heard, and the year the case was decided. They also include citations to specific pages in the court’s decision. Some of the cases involve issues related to civil procedure, directed verdicts, and mistrials. These are references to legal cases and laws in Florida. The references include court cases and statutes related to legal procedures and liability. They also mention specific court decisions and the names of the judges involved. Some cases involve personal injury claims and negligence. There are also references to legal firms and attorneys involved in the cases. We want lawyers to do good things, like helping people and making the legal system better. That’s what the Appellate Practice Section is all about.

Source: https://www.floridabar.org/the-florida-bar-journal/dont-waive-your-appeal-a-guide-to-preserving-trial-error/