APPEALS
Call for an Evaluation of your Right to Appeal a Bad or Unfair Ruling Today
Attorney Lisa Marie Macci
handles appellate matters in all District Courts of Appeal throughout the State of Florida. With 31 years of legal practice, Lisa frequently co-counsels appeals with Attorney Elizabeth (Liz) Kates, who has been practicing law for more than 40 years and holds an LLM., Master of Laws degree. Your crucial appellate matter won't be passed on to a junior associate. Choosing how to approach an appeal and what issues to focus on are crucial. We will give you an honest evaluation and be sure to give your matter the attention it needs to put you in the best position to win your appeal. Our successful appellate decisions include all aspects of Divorce and Paternity
cases, such as Child Custody, Domestic Violence, and Child Support issues. Call (561) 361-8528
for a free telephone consultation. Don't wait to call because the time to file appeals is very limited!
Appeals & Similar Options
Civil Appeals
A civil appeal is typically brought to review a matter arising from a family case. The most common form of review is by appeal of a final order of a circuit court -- the final judgment or order that decides the merits of the case -- who wins or loses. The district court can also hear appeals from certain limited orders that the circuit court enters before the final judgment. These orders are listed in Florida Rule of Appellate Procedure 9.130(a).
Appeals are not trials and are not intended to give a litigant a second opportunity to reargue the facts of his or her case.
Appeals are generally limited to the arguments made and the facts and evidence presented in the trial court or on the face of the order or final judgment entered below. Having a record of the proceedings with a court reporter can be crucial to an appeal.
Extraordinary Writs
Civil non-final orders other than those specifically listed in Rule 9.130 are not reviewable unless the order qualifies under the strict standards of the appellate court’s discretionary extraordinary writ jurisdiction such as certiorari, mandamus or prohibition.
See definition of extraordinary writs below
Florida District Courts of Appeal
The purpose of Florida’s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.
There are five District Courts of Appeal in Florida, located respectively in Tallahassee, Lakeland, Miami, West Palm Beach and Daytona Beach. As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases.
• First District Court of Appeal
- (1st, 2nd, 3rd, 4th, 8th and 14th Circuits)
•
Second District Court of Appeal - (6th, 10th, 12th, 13th and 20th Circuits)
•
Third District Court of Appeal - (11th and 16th Circuits)
•
Fourth District Court of Appeal - (15th, 17th and 19th Circuits)
•
Fifth District Court of Appeal - (5th, 7th, 9th and 18th Circuits
Writ of Certiorari
A petition for writ of certiorari is most frequently used writ to review orders that cannot otherwise be directly appealed to a higher tribunal. A petition for writ of certiorari to review such an order must be filed within 30 days of rendition of the lower tribunal’s signed, written order. The standard of certiorari review for a nonfinal order of a lower tribunal limits the appellate court to determining whether the order 1) results in material injury throughout the proceeding that cannot be remedied by plenary appeal after final judgment is entered; and 2) departs from the essential requirements of the law. Examples of orders that appellate courts have considered on petition for writ of certiorari include discovery orders requiring disclosure of privileged or trade secret information and other confidential information that could injure the party or another outside the context of the litigation; prejudgment orders finding a party in civil contempt; orders on motions to disqualify counsel or to withdraw as counsel because of conflict.
Writ of Prohibition
A writ of prohibition enables an appellate court to prevent a lower tribunal from further exercising jurisdiction in an action. A petition for writ of prohibition is generally used to challenge the denial of a motion to disqualify the trial and to prevent a lower tribunal from exercising jurisdiction in a matter it has no jurisdiction to decide.
Writ of Mandamus
A writ of mandamus compels a lower tribunal or government official to perform a nondiscretionary, ministerial act required by law, which the lower tribunal or official has refused or failed to do.
Writ of Habeas Corpus
While Florida Rule of Criminal Procedure 3.850 has replaced the writ of habeas corpus in many circumstances, the writ is still widely used to obtain the release of a person who has been illegally detained or restrained.
Don’t wait to appeal your case. Time is precious and Lisa Marie Macci, P.A. will work swiftly to start the appeal process. Call (561) 361-8528 today.
