Michael L. Feinstein, P.A.

Does an unfavorable ruling have your company considering appeals?

As a Florida business owner, you likely always want your operations to run as smoothly as possible. Of course, you undoubtedly also know that claims against your company could result from outside parties that could throw a wrench in your activities and your financial structure. Still, you have legal options for addressing any lawsuits that may come against your company or that your company may have to file against others.

Unfortunately, business lawsuits may not always go in your favor, but that does not mean that you are out of luck. Like with other court rulings, you may have reason and the ability to file an appeal to the decision.

Why appeal?

Filing an appeal could help your business continue to work toward a favorable outcome. If the appeal proves successful, the court will overturn the initial ruling against your company, and as a result, the new outcomes may mitigate the damage done to your business. Certainly, appealing a decision means more time, money and effort toward legal proceedings, but it may prove worth it.

What does an appeal involve?

Unlike a trial, an appeal does not entail presenting evidence, calling witnesses or presenting arguments in front of a jury. In fact, none of those factors plays a role in an appeal. Instead, both sides draw up written briefs and present them to the court. If the initial court ruling did not go in your company's favor, the brief for your side would likely present argument as to how the court did not properly apply the law in your case.

After reading the briefs, the judges may allow oral arguments, which typically involves the judges asking questions to the attorneys involved. If the appellate court does find that an error in the application of the law resulted in the unfavorable outcome, it may overturn the initial ruling. However, a panel of judges would need to come to that decision in an appeals case.

Do you need to prepare?

Even though an appeal is not the same as a trial, work and preparation still go into the process. Because an appeal relies less on evidence and more on the application of the law, your appeals case can be difficult. Fortunately, you can work with your attorney to find the best approach to an appeal if you choose to move forward with this legal step.

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