Discuss Your Company’s Case with a Florida Business Litigation Attorney Experienced in Appellate Litigation

Successfully pursuing or defending against an appeal requires experienced legal representation. At Searcy Denney, we represent companies at all levels of appeal in state and federal court. Each Florida business litigation attorney in our appellate practice group has extensive relevant experience, and we rely on this experience to achieve favorable results for our clients.

While the requirements for filing an appeal vary depending on the jurisdiction and the specific circumstances involved, strict deadlines frequently apply. These deadlines can be extremely short—as short as 30 days in some cases. With this in mind, if you think that your company may need to file an appeal, we strongly encourage you to speak with a business litigation attorney at Searcy Denney right away.

Types of Appeals We Handle

Our firm handles all types of appeals involving business disputes in Florida. This includes business disputes resolved through litigation in state court, litigation in federal court and arbitration. Some examples of the types of cases we handle for our clients on appeal include:

• Arbitration Awards
• Commercial Disputes
• Employment Disputes
• Financial Disputes
• Non-Compete Litigation
• Partner, Shareholder and Member Disputes
• Trade Secret Litigation

One of the most important points to understand about appellate litigation is that an appeal is not a retrial of the parties’ case. Instead, appeals generally focus on seeking an alternative outcome based on a specific issue with the previous proceedings. If an appeal is successful, this may result in the case being reversed, but it may also result in the case being remanded for further proceedings consistent with the appellate court’s decision.
While a significant portion of our appellate practice involves representing clients that we represented at the lower level, we also regularly represent companies that are seeking new outside counsel for appeals. Many law firms do not handle appellate litigation, and we regularly receive referrals from other law firms whose clients need appellate representation. If you are in search of a team of highly experienced appellate attorneys, we invite you to contact us to discuss what we can do to help.

When Can (and Should) You Consider an Appeal?

Not all unfavorable arbitration awards and trial-level decisions are appealable. However, many are, and if your company has grounds to appeal a decision, taking action promptly could be essential. Here are five examples of circumstances in which an appeal may be warranted:

Final Orders

Final orders rendered by state and federal courts are generally subject to appeal. A “final order” is a decision that completely disposes of (or resolves) a case, such as an order granting a motion to dismiss, an order granting summary judgment, or a verdict at the conclusion of a trial.

Certain Interlocutory (Non-Final) Orders

Certain interlocutory (non-final) orders are subject to appeal as well. Depending on the circumstances involved, these can include orders resolving motions concerning venue, motions concerning the parties’ obligation to arbitrate, motions concerning injunctions, and motions concerning the appointment of a receiver, among others.

Writs of Certiorari

Even if an appeal is not permitted under the Florida Rules of Appellate Procedure or the Federal Rules of Appellate Procedure (i.e., if the appeal does not address a relevant interlocutory order), it may still be possible to pursue an appeal through a writ of certiorari. In Florida, for example, the appellate courts will consider an appeal involving a non-final order if:

• The order “departs from the essential requirements of law;”
• The order is likely to cause “material injury for the remainder of the case;” and,
• A post-judgment appeal (i.e., an appeal of a final order later in the proceedings) is “incapable of correct[ing]” the injury caused.

One example of when a writ of certiorari may be filed during business litigation is in relation to a discovery dispute. While most orders related to discovery are not interlocutory orders that are subject to appeal, they can nonetheless have drastic—and potentially irreversible—consequences if enforced. As a result, parties that need to protect their interests in response to unfavorable orders during the discovery phase may need to engage appellate counsel to pursue a writ of certiorari.

Writs of Mandamus and Writs of Prohibition

Writs of mandamus can be used to compel lower courts to take certain actions (i.e., to comply with applicable court rules), while writs of prohibition can be used to prevent lower courts from considering matters that fall outside of their jurisdiction. In appropriate circumstances, they can be used to proactively protect companies’ interests in business litigation before an unfavorable decision triggers alternate grounds for an appeal.

Arbitration Awards

Arbitration awards are subject to appeal (or “judicial review”) on limited grounds. If you need to speak with an attorney about challenging an arbitration award in Florida, we encourage you to schedule a call with a Florida business litigation attorney at Searcy Denney today.

The Importance of Relevant Experience When Filing (or Defending Against) an Appeal

When your company needs to file (or defend against) an appeal, relevant experience is critical. This includes:

• Experience with the relevant appeals process (i.e., state or federal);
• Experience with the underlying subject matter of the appeal; and,
• Experience helping clients make informed and strategic decisions at all stages of the appellate process.

With our firm’s experience representing clients in all types of business-related disputes and our experience handling an extremely wide range of appeals, we are well-positioned to represent companies in all appellate scenarios. If you need to ensure that you are making informed and strategic decisions about your company’s next steps, we invite you to contact us for a complimentary consultation.

Schedule a Call with a Florida Appellate Litigation Attorney at Searcy Denney

Do you need to speak with a business litigation attorney about an appeal? If so, we are happy to assist in any way we can. To schedule a call with an attorney in Searcy Denney’s appellate practice group, give us a call at 800-780-8607 or request a complimentary consultation online today.