When a court decision comes out, lawyers and clients check if they won or lost. There are deadlines to follow and more work to do, like filing motions and following the court’s instructions. It’s important to think carefully before filing any new motions. It’s also important to be cautious and not file too many extra motions. If you need to ask the court a question about their decision, you can file a motion for clarification. This is only for specific points that need to be clarified. You can only file one of these motions and it can’t be used for minimal mistakes. If you need to fix small errors in the court’s decision, you can call the court clerk. If you think the court made a mistake, you can file a motion for rehearing, but it’s best to take some time to think it over before doing so. You can only file one motion for rehearing and it should only bring up new points of law or fact that the court missed. It’s not common for the court to change its mind based on a motion for rehearing, so only file one if there’s a real error in the opinion. Keep it short and to the point, and be respectful to the court. Only a small number of motions for rehearing are successful, usually those that are short, respectful, and filed by attorneys who don’t abuse the process. Lawyers are advised to think carefully before asking a court to rehear a case, and to not do it just because they didn’t like the decision. Courts don’t like it when lawyers file unnecessary motions for rehearing. They can even be punished for doing it. If a party wants the court to issue a written opinion, they have to explain why it’s important and why the Supreme Court should review it. They can also ask for a certification if the opinion conflicts with another court decision or if it’s a big issue for the public. But they have to give specific reasons for asking for certification. Judge Gross says that certifying a question of great public importance to the Supreme Court should only be done when it will affect many cases. In Florida’s appellate courts, very few cases are decided en banc, but parties can still ask for a rehearing if they think the case is really important or if the court needs to make its decisions more consistent. The court can also decide on its own to rehear a case en banc. When a party asks for a rehearing, the other side has a chance to respond to the request. Once the court makes its final decision, there might be more legal stuff to deal with in the trial court, or the case might go up to the Florida Supreme Court. After the appeals court makes a decision, it’s important to carefully read the opinion to see if any action is required. This action should be taken after the mandate is issued, which is the court’s way of telling the lower court what to do. This could include things like preparing a new judgment or filing a motion to cancel an old judgment. If the decision involves costs, there are specific rules about how to file a motion to tax those costs, and it must be done within 30 days of the mandate being issued. Appellate attorneys need to file a separate motion for fees and state the reasons for the request. This motion should be filed during the time allowed for arguing the case. It’s important to include the legal basis for the fee request, such as a contract or law that allows for fees to be paid. If the basis is a contract, include a copy of the contract. If it’s a law, include the specific statute and year. If the fee request is based on a settlement proposal, make sure to mention that in the motion as well. Make sure to file the motion on time and follow the court’s rules. If someone asks for money for their lawyer fees, you have 10 days to respond. If you don’t, you might lose the chance to argue against it. Sometimes, the court might give the fees conditionally, like if there needs to be another trial. If that happens, the court needs to be told about it. After the trial, the appellate court still checks the amount of fees. If you disagree with it, you need to ask the appellate court to review it within 30 days. After everything is done, make sure to close the case properly, like filing a satisfaction of judgment. If a bond was posted for the appeal, you need to file paperwork to cancel it and let the bond company know. Otherwise, they might keep charging fees. It’s important to understand the rules and deadlines for filing motions after receiving a court opinion. Take the time to carefully consider your options and don’t hesitate to consult an appellate lawyer if needed. Once you have the opinion, make sure to read it thoroughly and take any necessary action after the mandate is issued. Don’t forget to consider the deadlines for filing motions, which can vary depending on the type of case. And remember, don’t file any motions with the Florida Supreme Court unless it’s for a specific type of case. This passage provides examples of court cases and legal principles in the context of Florida appellate law. It mentions specific cases where motions for rehearing were filed and the outcomes. It also highlights the importance of not including personal attacks in a motion and the repercussions for doing so. Additionally, it references articles and a review of a court decision. If you lose a case in Florida and want to take it to the Supreme Court, you have to file a motion to stop the decision from being enforced within 15 days. If you don’t do this, you might have to do extra work for free. Make sure to follow the rules! This column is written by the Appellate Practice Section, a group of lawyers who focus on handling appeals in court. They are dedicated to upholding the principles of responsibility and helping the public, improving how justice is carried out, and advancing the study of law.
Source: https://www.floridabar.org/the-florida-bar-journal/the-appellate-opinion-is-out-now-what-do-i-do/
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