Many of our appeals come from trial lawyers. Some refer the appeal to us, some bring us in as co-counsel for the appeal, and some call with one question. Here is how we work with trial counsel.
Handling the appeal
We handle civil and administrative appeals in Florida’s District Courts of Appeal, the Florida Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court, as appellate counsel or as co-counsel with the trial lawyer. The trial lawyer knows the case and the client; we know the appellate court. Unless we agree otherwise in writing, our role is limited to the appeal, and the client and the case stay with the trial lawyer.
Before the appeal: preserving the record
Many winnable appeals are lost at trial because the error was not preserved. We help trial counsel preserve error before and during trial and after the verdict: objections and proffers, jury instructions, motions for directed verdict, and the post-trial motions that must be filed, and filed on time, to keep an issue alive. Florida’s appellate rules require the brief to cite the place in the record where each issue was preserved, so a clean record at trial is half the appeal.
Consultations
We answer short questions from Florida lawyers about appellate deadlines, whether an order can be appealed now or reviewed by certiorari, how to preserve an issue, and whether an appeal is worth bringing.
There is no charge for a short consultation with a lawyer about an appeal.
Referral fees
When a lawyer refers an appeal to us, we divide the fee as the Rules Regulating The Florida Bar permit: the total fee must be reasonable, the division must be in proportion to the work each lawyer does or be made by written agreement with the client in which the referring lawyer assumes joint responsibility, and the client must be told the basis of the division.
Amicus briefs
We write amicus curiae (“friend of the court”) briefs for individuals, associations, businesses, and public bodies whose interests an appeal will affect, in Florida’s appellate courts and the U.S. Supreme Court. Some are listed on the Appellate Cases page.
Deadlines to keep in mind
- Notice of appeal from a final order: 30 days after the order is rendered, that is, after the signed, written order is filed with the clerk. A timely and authorized motion for rehearing, new trial, or the like, directed to the final order, postpones rendition until it is decided; a motion for rehearing of a nonfinal order does not.
- Final orders of state agencies and of the Division of Administrative Hearings: 30 days, filed with the clerk of the agency or tribunal, with a copy and the filing fee to the appellate court.
- Nonfinal orders on the list in rule 9.130: 30 days. Other nonfinal orders: a petition for certiorari, also within 30 days.
- Federal civil cases: 30 days after entry of the judgment or order, or 60 days if the United States, a federal agency, or a federal officer or employee sued in connection with official duties is a party.
The How a Florida Appeal Works page lays out the rest of the schedule.
To refer an appeal or ask a question, call 850-270-1178, email [email protected], or send us a message from the Contact Us page.