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    Appeals

    Making the decision to file an appeal is both time sensitive and must be based upon a proper lower court record. Any court order on a lower court level can be appealed from the trial court level (typically the Circuit Court) to the district court level (the District Court of Appeal). If you feel that the trial court’s order is unjust or flawed, you have the right to appeal that decision for review by the appellate court.

    Time is absolutely critical when considering an appeal. Although any order can be appealed, the appeal must be filed within 30 days of the delivery of the final judgment. If you are considering an appeal, please contact an attorney immediately.

    Successful appeals must have a legal basis to justify an appeal, not just a general disagreement with the trial court’s ruling. A basis for an appeal can include but is not limited to procedural errors, fraud by the opposing party or legal errors concerning the division of assets, assignment of income, or the best interests of the child.

    The process for an appeal is very different from the trial court system. Most people are familiar with the trial court procedure, where facts are presented before a judge or a jury and a ruling or verdict is issued based upon those facts. Unlike the trial court, the appellate court does not receive facts or evidence. Instead, the appellate court reviews the law applied to the facts found by the trial court. The appellate court only receives written arguments from the parties (referred to as “briefs”) which set forth their legal arguments for why the decision of the trial court should be reversed or affirmed. Because appeals are based on written arguments, the appellate process requires extensive writing and analytical skills.

    The attorneys at Thurman Law Firm have significant experience in writing powerful arguments and extensive knowledge of Florida law and the appellate proceedings. We represent appeals clients throughout the North Florida region, from the panhandle to Jacksonville. If you are considering an appeal, contact our firm to discuss your situation and the possibility of an appeal immediately.