Appeals

Appeals

Ice Appellate is the appellate arm of Ice Legal, a firm whose cases have left their mark on Florida law.

Ice Appellate handles civil and criminal appeals in Florida and Federal Courts and is available for consulting or pro hac vice participation in courts of other states.

For Litigants

If you are thinking of appealing a decision or judgment that you believe is wrong, remember that, in most instances, you will have no more than thirty days to begin the appeal. Unlike many deadlines in the procedural rules, the notice of appeal deadline is “jurisdictional,” meaning there is practically no room for error. In most cases, the court cannot overlook a delay of even a day. The deadline cannot be extended or excused. It is important, therefore, to retain an attorney as soon as possible after an adverse ruling. It would also be beneficial to retain an attorney experienced in appellate procedural rules, as well as in brief writing and oral argument. Our team has written hundreds of such briefs and has argued before the Florida Supreme Court.

If you are still within ten days of an adverse decision, an appellate attorney can file a motion for rehearing to capture any issues that you may have overlooked, or to make sure that the issues you argued will be presented in a way that can be reviewed by the appellate court. Many people litigating without an attorney do not preserve their issues for appeal and, as a result, lose their case, even though they may have had valid, winning arguments. For appellate purposes, it is important to have a court reporter recording the proceedings at every case dispositive hearing. It may cost a little more, but could mean the difference between winning and losing your case.

Even if you successfully guided your case to a favorable judgment that is now being appealed by your opponent, navigating your way through an appeal can be daunting. Appellate procedure is significantly different than trial court procedure. The appellate courts rely much more on the written word in making their decisions and generally do not approve of the liberal use of motion practice.

Many unsuccessful appeals to the intermediate courts end in a “PCA”—a per curiam affirmance without an opinion. If there is no opinion, and the court cannot be persuaded to write one or to otherwise certify the case as fitting within one of the exceptions, then the case cannot be appealed to the Florida Supreme Court. The intermediate court has become the court of last resort. Every effort must be made, therefore, to achieve a favorable outcome at the first appellate level.

Ice Appellate can bring its experience to bear to give you the best chance of success on appeal. A consultation with one of our attorneys is free.

For Attorneys

Ice Appellate has the experience in brief writing, oral argument, and litigation support to provide you and your clients a high degree of confidence when entering the rarefied world of appellate advocacy. We welcome inquiries from attorneys looking for a seamless transition from trial to an appeal and, even before judgment, we will help you ensure that the record is well-developed and that your issues are preserved for appeal.

The rules and the idiosyncrasies of the various District Courts of Appeal regarding writs and other interlocutory appeals can be confusing and the wrong decision can be expensive for you and your client. We can help you make the right decision and map the strategies that will give your client the best potential for appellate success.