At The Mineo Salcedo Law Firm, we understand that trial outcomes don’t always deliver justice. For many clients, an appeal represents the last opportunity to correct a legal error that significantly affected the outcome of their case. However, appellate litigation is an entirely different legal process than trial court litigation—and it requires strategy, foresight, and meticulous attention to detail long before a notice of appeal is ever filed.
Many attorneys and litigants focus intensely on trial preparation and may overlook the necessary steps to preserve appellate rights. Below are essential considerations and tips for attorneys and clients seeking to preserve their case for appeal.
1. Consider the Purpose and Merit of the Appeal
Before initiating any appeal, it’s important to assess whether the appeal is based on valid legal grounds and whether it’s being pursued for the right reasons. Frivolous or bad-faith appeals not only waste time and resources—they can damage your credibility and potentially expose you to ethical violations or malpractice claims.
Ask yourself: Was there a clear legal error that affected the outcome? Are you appealing to seek justice, or simply because you are unhappy with the result?
2. Evaluate Costs, Timelines, and Client Readiness
Appeals can be lengthy and costly. It’s essential to have a transparent discussion with your client about the likely timeline—often 90 days or more for a decision—and the potential financial burden. After the expenses of trial, some clients may not have the resources or emotional bandwidth to continue litigation.
An honest conversation about the client’s emotional state and support system is also vital. Appeals require patience, and reliving legal battles can take a toll. Is the desired outcome of the appeal worth the cost—both financially and personally?
3. Preserve the Record for Appellate Review
Appellate courts do not retry cases or reweigh evidence. Instead, they rely exclusively on the written record from the trial court. That means it is crucial during trial to make sure that key objections, motions, and rulings are all properly included in the record. If it isn’t in the record, the appellate court will assume it never happened.
One of the most common and avoidable mistakes is failing to object at the right time or not clearly articulating the legal grounds for an objection. Without proper preservation, even the strongest appellate arguments may be waived.
4. Understand the Final Judgment Rule and Exceptions
Generally, appeals in civil cases can only be filed from a final judgment. That means the case must be fully resolved in the trial court before an appeal is allowed. There are exceptions—such as interlocutory appeals and writs—but these are narrow and rarely granted.
Understanding the timing and procedural requirements is critical. Missing a filing deadline can permanently bar the appeal and potentially expose an attorney to malpractice claims. In Florida, deadlines are strictly enforced, so make sure all key dates are tracked accurately.
5. Build a Clear, Concise Appellate Brief
The strength of your appellate case often hinges on your written brief. The appellant’s opening brief must be focused, persuasive, and directly address the legal errors made by the trial court. Avoid rehashing every issue from the trial; instead, zero in on the most compelling, outcome-determinative arguments.
Additionally, any issue not clearly raised in the appellate brief is considered waived. That means if it isn’t included and coherently argued, the court will not consider it—no matter how valid it might have been.
6. Sequence of Events in the Appellate Process
Here’s a simplified timeline for civil appeals:
- File Notice of Appeal – Strict filing deadlines apply.
- Prepare the Appellate Record – Includes trial transcripts, exhibits, and clerk’s records.
- Briefing Schedule – Appellant files opening brief, appellee responds, and appellant may reply.
- Oral Argument – If requested and granted, both sides present their arguments.
- Appellate Decision – Usually issued within 90 days of oral argument.
- Petitions for Rehearing or Review – Optional, depending on outcome.
- Remittitur and Final Judgment – Case returns to trial court for enforcement or further proceedings.
7. Reframe Your Arguments for Appeal
One of the most strategic missteps attorneys make is failing to tailor their arguments for the appellate court. Trial arguments often focus on persuasion and fact-finding. Appellate courts, on the other hand, are concerned with the application of law. This shift must be reflected in your appellate brief.
Eliminate any points that are not directly tied to legal error. Emphasize legal authority, precedent, and how the trial court’s error impacted the final result.
8. Consult with Appellate Counsel
Appeals require a specialized skill set. Even experienced trial attorneys often work with appellate counsel to ensure the appeal is properly framed and filed. Whether as lead counsel or a consultant, bringing in an attorney experienced in appellate law can strengthen the case and reduce the risk of errors.
At The Mineo Salcedo Law Firm, our legal team is experienced in both trial and appellate litigation. We assist clients throughout Florida in protecting their rights from the trial level through appeal. If your case has ended with an unfavorable ruling, and you believe an error occurred, we can evaluate your case and advise on whether an appeal is appropriate.
Contact The Mineo Salcedo Law Firm at (954) 463-8100 or visit PropertyClaimLaw.com for a confidential consultation. Our attorneys are ready to help you preserve your rights and pursue justice—every step of the way.
