Appellate Law
Florida Lawyers - Appeals
Requiring a special set of legal skills and specific talent, appellate work achieves results in higher courts, such as courts of appeals and supreme courts. Appeals are heard by a panel of judges and depend for their success on writing expertise in framing the right issues; reference to pertinent laws, parallel case rulings and precedents, along with detailed analysis of legal errors or insufficient evidence to support verdicts. Relying on a high degree of legal savvy, appeals are usually managed by seasoned lawyers.
As a preeminent law firm in our areas of focus, Young, Berman, Karpf & Gonzalez, P.A. engages in appellate work at state and federal levels, appealing numerous cases not just of our own clients, but often cases referred to us by other attorneys. Our firm is frequently called upon to assist other lawyers with appellate work involving marital and family law. We manage appellate work from the filing of the notice of the appeal, through motions, briefing and argument as well as assist current counsel in fine tuning and litigating cases on appeal.
One of our principals, Andrew S. Berman is a Board Certified Appellate Practice Lawyer by the Florida Bar Board of Legal Specialization and Education. He has effectively handled more than 100 appeals for clients in a wide range of legal areas.
Basis for Appeals
Appeals may only be based on evidence introduced during trial. The appellate attorney must employ convincing arguments in crafting the appeal to prove that either serious, legal errors affected the trial outcome or the verdict was not supported by weight of the evidence. If being appealed to the U.S. Supreme Court, grounds for appeal must relate to areas under federal jurisdiction, such as Constitutional rights violations.
Representative Appellate Cases
The following are representative appellate cases that Young, Berman, Karpf & Gonzalez, P.A. has handled:
- Foundation Health v. Westside EKG Assn, 944 So. 2d 188 (Fla. 2006) (private right of action under HMO Act)
- Young v. Hector, Fla. 3d DCA (en banc) (1999): Celebrated child custody case between lawyer/mother and architect/stay-at-home father; obtained reversal of panel decision by entire court.
- Agency for Health Care Admin. v. PCA Family Health Plans, Inc., 1996 WL 511529 (Fla. 1st DCA 1996): Affirmed denial of public access to client records.
- Woodward v. Berkery, 714 So.2d 1027 (Fla. 4th DCA 1998) (Tom Jones case.)
- Lamet v. United National Bank, 1996 WL 47697 (Fla 3d. DCA 1996): Reversed multi-million dollar civil theft judgment and obtained award of fees against plaintiff
- Ginsberg v. Lennar Fla. Holdings, Inc., 645 So. 2d (Fla. 3DCA 1994) (economic loss rule,civil theft, waste)
- Tabet v. Tabet, 644 So. 2d 557 (Fla. 3d DCA 1994): Jurisdiction and collection on foreign judgments.
- Miller v. Schou, 616 So. 2d 436 (Fla. 1993): Established standard for increasing child support based upon good fortune.
- Luskin v. Luskin, 616 So. 2d 559 (Fla. 4th DCA 1993): Civil theft, fraudulent conveyances, proceedings supplementary.
- HMG/Courtland v. Grove Isle Associates, 589 So. 2d 1021 (Fla. 3d DCA 1991): Complex limited partnership dispute.
- Schiffman v. Dept. Prof. Regulation, 581 So. 2d 1375 (Fla. 1st DCA 1991): Professional license revocation.
- Rubin S. Williams Bail Bonds and Bankers Ins. Co. v. State, 493 So. 2d 1065 (Fla. 1st DCA 1986): Bond estratures.
Arrange a Consultation
If your law firm is seeking assistance with appellate work or you are a client who would like to pursue an appeal, please email or phone our law office at 305-945-1851 to arrange a consultation.
