Middleton & MiddletonCounsellors at Law · Est. 1923

Practice area

Appellate Law

An appeal is not a second trial. It is a written argument that the trial court made a legal error, decided by judges who see only the record and the briefs. It is a different skill, and we practice it.

Appellate work we handle

  • Criminal appeals from convictions and sentences
  • Civil, family and probate appeals
  • Appeals of injunctions and non-final orders where allowed
  • Petitions for writs of certiorari, prohibition, mandamus and habeas corpus
  • Answer briefs defending a judgment you won
  • Motions for rehearing and review in the Florida Supreme Court
  • Consulting with trial counsel to preserve issues for appeal

Deadlines come first

A notice of appeal in Florida generally must be filed within 30 days of the order being appealed, and the deadline cannot be extended. If you think you may want to appeal, contact us immediately so the notice is filed in time; the decision whether to go forward can be made after the record is reviewed.

Common questions

What are my chances on appeal?

It depends entirely on whether the record shows a legal error that affected the result. We review the transcript and rulings and give you a candid assessment before you spend money on briefs.

Can new evidence be presented on appeal?

No. The appellate court decides the case on the record made in the trial court. New evidence is addressed through other procedures, such as a motion for post-conviction relief in a criminal case.

Will I have to go to court?

Usually not. Most appeals are decided on the written briefs; when oral argument is granted, only the lawyers appear.

This page is general information about Florida law, not legal advice about your situation. Deadlines and procedures vary and change; talk to an attorney about yours.

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