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APPELLATE LAW
James L. Hunter, P.A. recognizes the need for effective and efficient appellate counsel. Every order and final judgment promulgated by federal and state courts must be respected but that does not always force a litigant to endure the effect of an erroneous decision. Our attorneys are experienced in prosecuting appellate litigation on behalf of civil and criminal clientele. Working closely with trial counsel James L. Hunter, P.A. is prepared to quickly act on your behalf in order to preserve your legal rights while seeking review of non-final and final orders. If you or your counsel believe an appeal of an order or judgment may be in your best interests give yourself the benefit of seeking a written opinion before you decide to forgo an appeal.
“When you think you’ve been dealt a loss based questionable legal grounds, give us a call so we can review your issue(s) and the applicable legal standards. You may have lost a battle, but we can be a small part of your legal team to help win the war. Appellate courts are there for a reason, to enforce your legal rights. Whether you win or lose a case just may depend on appellate review.” James Lewis Hunter
In Florida most state cases begin in county or circuit court. Federal cases usually begin in federal district court or the bankruptcy court. Some cases have original jurisdiction in the supreme courts of the federal and state systems. (Click this link to view a .pdf chart of explaining jurisdiction http://www.flcourts.org/courts/bin/Jurisdiction_chart.pdf).
The district courts of appeal can hear appeals from final judgments and can review certain non-final orders. By general law, the district courts have been granted the power to review final actions taken by state agencies in carrying out the duties of the executive branch of government.
When a litigant is entitled to an appeal the party must file a notice of appeal within the requisite time frame. Timely filing a notice of appeal is a crucial step and failure to do so may forgo the opportunity to have the decision reviewed by a higher court.
In Florida, there are five appellate districts. An appeal must be filed in the district where the court’s decision was made unless an appeal to the Supreme Court is available. (Click to view a .pdf map of the five districts in the State of Florida http://www.flcourts.org/courts/dca/dca_dist.shtml). When a party files a notice of appeal and required filing fee the appellate court then has jurisdiction over the ruling that the litigant requested to be reviewed. The appeal has begun and the process of brief writing is initiated. In some cases an oral argument may be requested and granted by the court.
As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases. A person who is displeased with a district court's express decision may ask for review in the Florida Supreme Court and then in the United States Supreme Court, but neither tribunal is required to accept the case for further review. Most requests for review by the sate and federal Supreme Courts are not granted.
If you or your attorney believes an appeal may be in your best interests please contact our firm. We pride ourselves in offering extremely competitive pricing while delivering legal services that are second to none.
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