Likelihood of Success on Appeal

Potential clients often want to know what the likelihood of success on appeal is. Whether your appeal is successful depends on the unique characteristics of your case, but it is  possible to get a general sense of how often appeals succeed.  Across the board, between 10- 15 % of appeals are reversed. By way of example, looking at recent data  on how appeals are resolved at the Florida 1st District Court Appeal, 11% of all filed appeals were reversed. Broken down:

  • 25% of appeals in which oral argument was granted were reversed.
  • 18% of civil cases were reversed.
  • 8% of criminal cases were reversed.
  • 10% of administrative  cases were reversed
  • 20% of workers’ compensation cases were reversed
  • 33% of family cases were reversed
  • 25% of probate cases were reversed

These percentages will vary some year to year, but if these if these percentages were applied to the number of appeals resolved in the 1st DCA in 2013:

  • 143 civil cases were reversed
  • 195 criminal cases were reversed
  • 74 administrative cases were reveresed
  • 52 workers’ compensation cases were reversed.
  • 81 family cases were reversed
  • 4 probate cases were reversed

While the First District Court of Appeal data was used for this analysis, this will generally apply to most Florida Appellate Courts

 

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