Trial scenes in television shows and movies often end with a verdict. Then the losing party dramatically states, “I’ll just file an appeal!” Well, it doesn’t always happen like in real court cases, including lawsuits involving business disputes. The party must have at least one legitimate reason to appeal, and sometimes appeals are not an option. Deciding when to file an appeal can be a complicated process.
When Are Appeals Filed After a Trial?
In most civil cases, either the losing party or the winning party may appeal a verdict. The losing party does so because they don’t feel the verdict is correct for some reason, like:
- The judge misinterpreted the law.
- The court allowed inadmissible evidence to be used.
- A judge abused his or her discretion.
- Jury instructions were incorrect.
- The jurors ignored jury instructions.
In a criminal case, you could also add “ineffectiveness of counsel” to the list.
No matter what reason you have to file an appeal, you must follow strict deadlines. In Florida courts, you must file an appeal 30 days from the rendition of a final order. The term “rendition” here means that a “signed, written order is filed with the clerk of the lower [court].”
However, it can take days or weeks to finalize the order after a trial because of post-trial activities. Parties may file post-trial motions like ones for:
- a new trial,
- rehearing,
- certification,
- to alter or amend, or
- to challenge the verdict.
It’s also possible for one or more parties to appeal earlier in a case.
What About Before Trial?
Yes, it is possible to appeal some of the judge’s orders before the trial. However, not all orders are appealable.
For example, a party might appeal a nonfinal order that:
- concerns venue,
- relates to an injunction,
- determines jurisdiction or possession of property,
- relates to arbitration, and
- certifies a class.
This is just a shortlist of orders that could be appealed before trial. As your case progresses, your attorney typically will discuss any appealable order with you before filing appeals.
Also, it’s interesting to note that an “appeal” might not be called an “appeal.” You can also file other motions, including a motion for a new trial or a motion to set aside a verdict. Your business litigation lawyer can advise you on the right course of action.
It’s Crucial to Know When Appeals Are Filed During Business Litigation
It’s also difficult to understand the complexities of business law and appellate procedures. You also have to know where to file. For example, you would not appeal a Florida verdict directly to the United States Supreme Court. There are specific procedures to follow. An experienced business litigation lawyer like Richard Sierra can help with both business litigation and appeals.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.