Michael L. Feinstein, P.A.

An appeal could mean hope after an unfavorable ruling

Running a business is not an easy job. In fact, it likely often feels as if you actually have numerous jobs as you try to keep everything on track. Unfortunately, even your best efforts may not satisfy everyone, and your company may have recently faced a lawsuit. Whether the suit came as a shock or as something you anticipated due to a disagreement or other issue, it was still difficult for your company.

You likely approached the case with your defense strategies in mind and with your legal counsel close at hand. Unfortunately, the jury did not rule in your favor. Immediately after hearing such news, you may have felt that you suffered a tremendous blow. However, you may have the opportunity to appeal the decision.

How is an appeal different?

An appeal differs from a trial in a number of ways. First, your legal counsel likely presented your defense in the courtroom in front of a jury, and the court likely called in witnesses and showed evidence. The jury considered the evidence presented from both sides as well as testimonies given, and in the end, the outcome was not favorable for your company.

When it comes to an appeal, your legal counsel does not call witnesses or present new evidence, and no jury plays a part in an appeal. Instead, the court accepts the information that the trial uncovered, unless certain information is heavily unsupported by the evidence. Additionally, a jury trial consists of one judge presiding over the proceedings. With an appeal, three to dozens of judges could play a role in the appeal at once.

How does an appeal work?

You may understandably wonder how an appeal could help you reach a better outcome if new evidence does not play a part. Rather than focusing on the details of the case, the appeal focuses on the application of the law in regard to the case. Your legal counsel will argue why one did not apply the law correctly, and the opposition will have the opportunity to argue why the initial outcome fit the situation. Typically, each side presents this information in written briefs, but short oral arguments do take place.

Going through the appeals process can certainly seem confusing, and a lot of the proceedings may feel out of your hands. As a result, it is important to have trusted and experienced legal counsel at your side. Your attorney can answer any questions you have and go over the ways an appeal could work for you and your Florida business.

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