There are very limited ways to challenge an order or judgment. An appeal is a challenge to a final order or judgment that a judge has issued in a case, and it is intended to correct judicial error rather than attorney error. The time that you have to file a notice of appeal is limited, and failure to file within the required time period can prevent you from making an appellate claim. Successfully appealing a case can be difficult and complex because of the presumptions of correctness relative to judicial action, the specific appellate rules that are in place and an Appellant’s burden on appeal.
Some valid reasons you may have to file an appeal:
✓ The order or judgment entered by the Court is not supported by the evidence. It is not enough that you disagree with the Court’s ruling or whether the Court believed one witness over another. You must show that there was a lack of competent substantial evidence on a material issue before the Court.
✓ The Court made an error in ruling on an issue – errors such as admitting evidence, denying a motion to continue a trial, permitting a witness to testify, etc. Not only must you show that the Court erred, but you must show that the error effected the outcome of the case, that you did not cause the error and that you preserved your right to raise the issue.
✓ The judge misunderstood or misapplied the law. Sometimes, the judge makes a factual determination, and simply fails to apply the correct law. If you can show error on this issue, you may be successful on appeal.
Given the complexity, time limitations and particular requirements for appeals, it is extremely important to hire a family attorney with appellate experience to handle your case. The attorneys at Nicole L. Goetz, P.L. have experience with these issues and can assist you and or your attorney throughout the entire process. We also assist trial counsel to prepare for a possible appeal at the time of trial. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida at 239-325-5030.
The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute nor should it be considered a substitute for legal advice from a qualified attorney knowledgeable about your specific factual situation.