Can You Appeal Your Case in Florida
2 videos • 10 views • by Lanigan&Lanigan Can you appeal your case in Florida? Attorneys Roddy Lanigan and Eric Lanigan handle appeals for clients who want to dispute the court's decision in their case. An appeal DOES NOT ask a Florida Court of Appeal to consider new evidence in a case. You cannot submit new witnesses or add the lost documentation to prove your case. An appeal is only based ONLY upon the law and how a court applied the law in a case. You're disputing the Judge's decision based on the way the law was applied to your case. But this has to be taken as a case by a higher court, a Florida Court of Appeal. And the attorney bringing the case writes an appellate brief. An appeal is not handled in the typical courtroom manner. A lawyer presents a carefully constructed legal brief showing how the law was incorrectly applied in a case and shows the law or laws that should have been applied. An appellate attorney reviews court transcriptions, the entire case documentation and reviews it looking for the place where the law was applied incorrectly. Extensive research of case law must be performed. The Lanigans handle only white collar appeals which is a request by a losing party in a lawsuit or case asking a higher court to review a decision made in a lower court. The appeal may ask a higher court to review an already decided case to have a verdict, sentence or conviction changed. But for this to occur, there has to be an error made by the lower court as decided by the higher court based on the application of the law. In an appeal, one of four things may happen: 1. The decision may stand 2. The case may be ordered to be reversed and retried by a lower court 3. The decision may be reversed and a higher court may render decision based on review 4. The case may be returned to lower court for reconsideration and review of an issue The Lanigans will review court transcripts and documents and research the case because an appeal is based solely on the law and how it was applied by the court in your case. If you feel that you have a case that is worthy of an appeal, consult with the Lanigans. Call the Winter Park Florida offices to set an appointment to discuss your case: 407-740-7379.