Ten Signs That You Need an Appellate Lawyer

If you’re in Florida and need to appeal a civil court decision, you should hire an appellate lawyer if you don’t know about the Florida Rules of Appellate Procedure. These rules are important for filing appeals and have strict deadlines that cannot be extended. Appellate lawyers have the skills and knowledge needed to handle your appeal effectively and make sure all the rules are followed. You shouldn’t say mean things about the other lawyer in your legal documents. You should only file motions when it’s really necessary, and don’t file any that are just a waste of time. Florida appellate courts don’t like it when lawyers file unnecessary motions, so be careful. You need to understand the standard of review for your appellate case because it can greatly impact the outcome of your appeal. Make sure to include the applicable standard of review in your brief, as it can make a difference in the court’s decision. Additionally, you do not need to file an appeal bond to preserve your right to appeal, and there are ways to protect yourself from execution on a money judgment. It’s important to have a clear understanding of these legal matters. Once a judgment is entered in court, the losing party usually has at least 10 days before the winning party can start taking their money or property. It’s best for the losing party to talk to the winning party’s lawyer and ask for some time to appeal the decision and get an appeal bond. The court can also decide to delay the winning party from taking any action for a good reason.
It’s important to note that some lawyers have been showing up at the losing party’s business with the sheriff to take their stuff without giving them a chance to appeal. This can make the losing party’s lawyer work even harder to win the appeal.
If the losing party wants to keep their case going in a higher court, they also need to file a motion to stop the lower court from enforcing the judgment while the higher court looks at the case. If they don’t do this, the lower court can go ahead and enforce the judgment, even if the higher court is still looking at the case. You should file a motion for an extension of time if needed. Keep your brief easy to read and understand by using short sentences and leaving out irrelevant facts. Avoid expressing personal beliefs in your cause in your brief and at oral argument. Make sure you know the deadline for filing a motion for appellate attorneys’ fees and costs, and include all necessary information in the motion. If you want to get paid for your work on an appeal, you need to file a motion for attorney’s fees on time and with specific reasons why you should get them. If you wait too long or don’t give good reasons, you might not get any fees. And if the other side objects to your motion, they have to do it within 10 days. You also need to be honest and stick to the facts in your case. Exaggerating or making up things will make you look bad in front of the court. It’s better to say you don’t know something than to lie about it. When you’re the one defending a case in court, you don’t need to speak for too long if the judges don’t seem interested. If they’re not asking many questions, it might mean they don’t see much merit in the arguments. So it’s best to keep it short and refer to the written briefs. Some lawyers have lost cases by talking too much. And even if you won the case in trial, it might not stay that way on appeal. So it’s a good idea to get a specialized lawyer to help with that. In conclusion, the author of this checklist might not use it for every appeal she handles because each situation is unique and may require a different approach. The checklist is based on her experience and sometimes things don’t go as planned. It’s important to remember that every case is different and may need a unique strategy.

Source: https://www.floridabar.org/the-florida-bar-journal/ten-signs-that-you-need-an-appellate-lawyer/