Appellate practice in state and federal courts
The Law Offices of Jennifer S. Carroll, P.A. is a Palm Beach County law firm focusing on appeals, as well as pretrial, trial, and post-trial proceedings involving resolution of significant legal issues throughout Florida.
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 federal district courts and circuit courts of appeal, including 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. The legal grounds raised at the trial level can be a basis for reversal or affirmance on appeal.
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 pursuant to Rule 1.540
- Motion to Set Aside Default
Federal appeals that arise in Florida are controlled by the Eleventh Circuit Court of Appeals, based in Atlanta, Georgia.
The Eleventh Circuit governs appeals from the federal trial district courts in Florida, Georgia, and Alabama. These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit effective October 1, 1981. This Court is based in Atlanta, Georgia, and is one of the thirteen United States courts of appeals.
Trial Support and Consultation
Our firm also offers trial support and consultation services to a variety of groups (law firms of all sizes, corporations, and individuals) on pretrial, trial, and post-trial strategy and procedure; preserving error in the trial court; preparing dispositive or significant motions at all stages of litigation; research and analysis of key legal issues. Our firm has access to the most advanced research tools in the industry. Referring firms’ client relationships are always respected and protected.
Experience in the appellate courts, as well as hands-on experience in the trenches of the trial court (full bench and jury trials), provides the ideal vantage point for analyzing a case from start to finish.
For an initial consultation, contact the Law Offices of Jennifer S. Carroll, P.A. or call at 561-478-2102.