What Happens If You Lose an Appeal? - Aaron Delgado & Associates

What Happens If You Lose an Appeal?

by Aaron Delgado
01/20/23 (Updated: 01/20/23)

Do you believe the outcome of your case was incorrect? If so, you may have the option to appeal the decision in the state of Florida. It is important to understand how you file an appeal in Florida, and you need to know what your options are if your appeal has been denied.

Take a look at a few important points below, and remember to reach out to a trained lawyer who can help you. When you file an appeal, the stakes are high, so you need to put your case in the best position possible to be successful.

appeals judge

The Steps in Filing an Appeal in Florida

First, you need to know how to file an appeal in Florida. The steps include:

  • First, you need to file a notice that you intend to appeal the result. Generally, you have 30 days from the final judgment of the trial court to file a notice.
  • The next step is for the trial court clerk to prepare the record. The record of the trial has to be reviewed, and it will take some time for the record to be situated.
  • After the trial court record is ready, there are several briefs that will be filed. First, your legal team is going to file an initial brief. This is your opportunity to explain why the trial court made a mistake and why you think a different outcome is required. Then, the other party is going to file a response. The other party is going to defend the decision and the methodology of the trial court. Finally, you may also have a chance to file a reply brief, which gives you an opportunity to rebut the arguments in the answer.
  • Your lawyer may decide it is better for you to present an oral argument as well. If that is the case, you will need to ask for an oral argument, and it will be up to the court system to decide whether it is granted.

Once all of this is done, you will have to wait for the Court of Appeals to issue a decision. It may take a while, and the response could be lengthy. If your appeal has been denied, you might be wondering what you should do next. The good news is that you should have multiple options available to you.

Options After an Appeal Has Been Denied in Florida

You still have several options available to you even if your appeal was denied. Some of the most important options you need to be aware of include:

Motion for Rehearing

If you believed there was an important issue in the trial that the appeal court overlooked, you can file a motion for a rehearing. Essentially, this means that you are asking for your case to be heard again. You will need to put forth a strong argument indicating that the appeals court has made a significant mistake, and it will be up to the court system to decide whether you should be granted another appeal.

Motion for Rehearing En Banc

Generally, when you ask for your appeal to be heard, it is going to be heard by a panel of three judges. You can claim that the appeals court has overlooked an important legal argument or fact related to your case, but in this case, you are asking for all of the active judges to hear your appeal. Instead of only three judges listening to your appeal, all of them are going to listen to you, and you may have a better chance of obtaining a successful outcome.

Motion for a Written Opinion

There are some situations where the appeals court will deny your appeal and not issue a written opinion at all. If you would like more information regarding their justification, you can ask for a written opinion. This will give your appeals lawyer in Florida an opportunity to review why your appeal was denied and what your other options might be.

Motion for Certification of an Important Issue

If you believe that the decision of the appeals court conflicts with a prior decision from another court, you can ask for a motion for certification of an important issue. Essentially, you are asking for further review of the decision because you believe that the issue is of great importance to the general public. You will have to talk to your Florida appeals lawyer to figure out whether you have grounds to file this motion successfully.

Motion for Post-Conviction Relief

Another option is to file a motion for post-conviction relief. In this case, you may claim that new case evidence has been discovered that could change the outcome or alter what should have happened. You should talk to your lawyer to see if this is a motion that you could file successfully.

Not all of these options are going to be available to everyone. This is one of the biggest reasons why you need to work with a Florida lawyer who can help you decide what is best for your case.

Why You Need To Work With a Florida Appeals Lawyer

If your case has already been decided, you may still have options available. You need to work with a Florida appeals lawyer who can review these options with you. Some of the most important reasons why you need to hire a Florida appeals attorney include:

  • When you are filing an appeal, the stakes are high, and you need to make sure you put your best foot forward.
  • There could be a lot of legal options available to you, and you need to work with a Florida appeals attorney who can help you decide which option is best for your needs.
  • You may think that the facts of the case are on your side, but you need someone who can make sure the law is on your side as well. A Florida appeals lawyer can provide you with an objective perspective.
  • If you are looking for a Florida appeals lawyer who can help you, count on Aaron Delgado & Associates.

Contact Aaron Delgado & Associates for a Florida Appeals Lawyer

Do you need a Florida appeals lawyer? If so, we can help you. We are Aaron Delgado & Associates, and we have a significant amount of experience representing parties of all types during the appeals process.

Our top priority is to make sure that your rights are adequately protected. That means exercising your right to appeal. It would be our pleasure to review your options with you, so contact us today for a case consultation.

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