The Law Offices of Jennifer S. Carroll, P.A. is a Palm Beach Gardens law firm focusing on appeals, as well as pretrial, trial, and post-trial proceedings involving resolution of significant legal issues.
Appellate practice in state and federal courts
Our actions as Florida appellate lawyers are governed by the Florida Rules of Appellate Procedure. We use our extensive knowledge of these rules to achieve the best possible outcome for each of our clients. We practice before all five district courts of appeal in Florida, as well as the Florida Supreme Court.
An order or judgment can be challenged on appeal for several reasons. To be reversible, the legal error must be prejudicial, i.e., it must have adversely affected the outcome of the case. Grounds for reversal can include legally insufficient evidence, misapplication/misinterpretation of the correct legal standards, procedural/substantive errors of law, constitutional violations, and other legal grounds depending on the facts and circumstances of each individual case.
The House Judiciary Committee establishes the Federal Rules of Appellate Procedure, which we often must use in conjunction with the local rules of the federal circuit courts of appeal. We have extensive experience before the Eleventh Circuit Court of Appeals, the governing federal circuit for Florida.
We always seek the most direct path to a favorable outcome for our clients. Some cases can be resolved before trial or during trial - purely as a matter of law. This can occur by way of a dismissal, summary judgment, judgment on the pleadings, directed verdict, and various other legal resolutions. We work with trial counsel toward this goal, on both a substantive and procedural basis. The legal grounds raised at the trial level can be a basis for reversal or affirmance on appeal, and the appellate practitioner works to preserve the argument at the trial level so that the issue can be raised at the appellate level.
There are also many post-trial remedies available to protect a client, which may render an appeal unnecessary, or at a minimum make a record for an appeal. Examples of post-trial proceedings are:
- Motion for Rehearing
- Motion for New Trial
- Motion for Judgment Notwithstanding the Verdict
- Motion for Additur or Remittitur
- Motion for Relief from Judgment
- Motion to Set Aside Default
For an initial consultation with a Florida appellate specialist, contact the Law Offices of Jennifer S. Carroll, P.A.