Orlando-Area Appellate Attorneys

The commercial litigation department of the law firm of Pohl & Short handles all types of civil and commercial appeals to Florida's five District Courts of Appeal, the Supreme Court of Florida, and the federal Eleventh Circuit Court of Appeals, as well as lower level appeals from county courts to circuit courts. We can assist clients seeking to reverse or correct lower court decisions or uphold favorable rulings in defense of an opposing party's appeal. We also can advise clients of their appellate rights with regard to decisions made both during the course of litigation but before trial (what are called "interlocutory" or "non-final" orders) and those final judgments and orders entered after trial or on summary judgment.

Specialized Field of Litigation

Appeals are a special breed of litigation, involving a different set of rules than the trial-level phase of lawsuits and a far greater emphasis on critical legal research and, most importantly, persuasive and well-structured legal writing. Our appellate attorneys are very familiar with the rules of appellate procedure and are highly skilled in research and writing. They also have an in-depth understanding of how the appellate courts differ from the trial-level courts in many ways, due in part to their prior "behind-the-scenes" experiences as staff attorneys and interns to appellate judges. Such understanding can be the crucial difference between successful and efficient representation by an experienced appellate attorney and imprudent reliance on a trial litigator who may mistakenly believe that the way to persuade a panel of appellate judges is the same as that used to persuade a jury of non-lawyers. Critical issues on appeal, such as an appellate court's limited jurisdiction, the applicable standard of review, and preservation of error are well-known and understood by our appellate attorneys, who can advise you as to how these principles affect and should guide your strategy and arguments in an appeal.

Timely Action

In most instances, a client's right to appeal an adverse decision exists for only a very limited time period after the decision has been issued. Our appellate attorneys are knowledgeable of the deadlines for seeking appeals and stand ready to take quick action to ensure your rights are not lost due to delay.

Alternatives to Direct Appeals

While direct appeals are the most common manner of seeking a higher court's review of a decision, there are other avenues generally referred to as "petitions for writ" that are limited but highly effective in the right circumstances. We can advise clients as to whether they may have grounds to seek a writ of certiorari, prohibition, mandamus, or other writ to correct a ruling that is not otherwise ripe for direct appeal.

Appellate Mediation

Many courts of appeal are referring cases to appellate mediation before allowing the parties to even file written briefs arguing their positions on appeal. Such mediations are typically handled by certified appellate mediators with specialized knowledge of both the legal and practical considerations that parties face when assessing whether to settle or pursue/defend an appeal. Our appellate attorneys are familiar with the same legal and practical considerations and, thus, can "speak the same language" with such appellate mediators, many of whom our attorneys have worked with in the past. Appellate mediation may be an appropriate avenue for those parties who have lost, but also who have won, the lower court ruling, and we can explain the reasons why you may wish to consider this option.

Contact us to schedule your appointment.