Proven Experts In Appellate Litigation

Appellate Attorneys Focusing On Post-Verdict, Post-Judgment Appeals

At Hunker Appeals, appeals are at the heart of our practice. Led by a Florida board-certified specialist in appellate law, we have comprehensive experience in appeals, effectively representing clients across a wide range of practices areas in both state and federal court.

Our appellate practice includes:

  • Appeals from final judgments
  • Challenges to nonfinal orders by way of interlocutory appeal
  • Petitions for extraordinary writs of certiorari, prohibition, mandamus and other forms of relief

With focused diligence, we fight to preserve trial victories against post-verdict and post-judgment attacks in the trial court as well as on appeal. Clients frequently retain us to rehabilitate problematic cases in the trial court and to seek appellate reversals of adverse judgments.

Handling A Broad Range Of Appeals

We represent clients in appeals involving:

Based in Fort Lauderdale, we handle appeals in the state and federal courts of Florida and Georgia.

Understanding The Appellate Process

Below are key steps in the appellate process, both in state and federal cases.

1. Preserve the Record

In our view, an appeal begins when the case is initiated in the trial court because a party generally cannot raise issues on an appeal that it did not raise in the trial court, and the appellate court does not consider evidence outside the trial court record. For these reasons, clients and trial attorneys often benefit from the early involvement of appellate counsel before the trial court enters an appealable order. We provide litigation support and consultant services to help preserve a strong record for appeal at the trial stage.

2. Move for Rehearing

In many cases, we recommend filing a timely motion for rehearing in the trial court before initiating an appellate action. This provides an additional opportunity to alert the trial court of any error it may have committed and to preserve additional arguments for appeal.

3. Timely File the Notice of Appeal

In most jurisdictions, the notice of appeal must be filed within 30 days of the final judgment. This is a mandatory time limit and a failure to seek timely review will result in a dismissal of the appeal for lack of jurisdiction. In Florida, some post-judgment motions toll the time to file the notice of appeal, but a motion to reconsider a nonfinal order does not.

4. Prepare a Persuasive Appellate Brief

Strong legal writing can be hard to find. In our practice, we often encounter very long appellate briefs that read more like a stream of the lawyer’s consciousness than an organized, well-supported analysis. Our method involves deep and comprehensive research into the legal theory and the principles underlying the blackletter law. We develop an analytical framework that supports a succinct, logical and compelling presentation of the correctness of our clients’ positions. After analyzing the facts under the appropriate framework, we address the defects in each of our opponent’s counterpoints. We generally do not acknowledge ad hominem attacks or offensive personalities from the other side. Appellate courts are concerned with legal analysis on the issues and are generally not persuaded by an attorney’s expressions of outrage at an opponent’s position.

5. Consider Post-Decision Options

If the appellate court issues an adverse ruling, the losing party should consider whether to file a post-decision motion or seek further review in a higher appellate court. In Florida, the rules provide for filing a motion for rehearing, for rehearing en banc, for clarification, or – in cases where the court affirms without opinion – a written opinion. The grounds for seeking rehearing are limited to pointing out matters reflected in the written opinion that the appellate court apparently either overlooked or misunderstood. A motion for rehearing should never be used to merely re-argue the briefs, assert new matters that could have been raised in the briefs, or express frustration at the appellate court’s ruling. In some cases, the losing party may have a chance to seek review from a higher appellate court. The grounds for further review become narrower the higher up the appellate ladder the case travels. We carefully weigh each option to determine the best course of action for our clients.

Learn More About Partnering With Us In The Appellate Process

We can provide the advantage you need in approaching an appeal, whether as an appellant (party challenging the lower court order) or appellee (party defending it). Our attorneys are well-versed in the intricacies of the appellate process. We understand what it takes to secure a positive outcome.

To get in touch, please call 877-906-5656 or reach out through our website.