For Trial Counsel Evaluating an Appeal
You tried the case, or argued the dispositive motion, and the result was wrong as a matter of law. Saltiel Law Group serves as appellate co-counsel for litigators throughout Florida and nationally who need a team that can step in at the appellate stage, work from the existing record, and construct the argument for reversal without disrupting the client relationship you've built.
Our appellate attorneys practice before Florida's Third District Court of Appeal, the Florida Supreme Court, and the U.S. Court of Appeals for the Eleventh Circuit. Hubert Menendez brings both trial and appellate experience to the practice, including a $2.6 million fraud verdict secured at trial.
Discuss a matter with our appellate team.
Bringing in appellate co-counsel is not a handoff. You remain the attorney of record and the point of contact for your client; we take on the analytical and drafting work the appellate stage demands. The arrangement is built to add depth at the point where it matters most, not to compete for the file.
A typical engagement includes:
Legal questions are reviewed de novo; factual findings require a showing of clear error; discretionary rulings are reviewed for abuse of discretion. Which standard governs a given issue shapes how we build the brief, and it's the first thing we work through when we look at your record.
Appellate work is not organized by practice area. A securities appeal and a construction appeal raise the same underlying questions: what standard of review applies, whether the issue was preserved, and how to expose the error to a panel. The categories below reflect how we actually approach a file, not a list of industries.
Preservation is a threshold question in every engagement. An argument not properly raised or objected to at trial is generally waived on appeal, though exceptions such as fundamental error can open a path where the record initially looks foreclosed. We analyze what was preserved, what wasn't, and how to argue around gaps where the record allows it.
A high-volume, specialized area of our practice. We handle motions to vacate default judgments at the trial level under Florida Rule of Civil Procedure 1.540 (excusable neglect, lack of service, due process violations, fraud on the court) and the appellate review that follows a denial. We regularly work these matters under time pressure, including postures where a writ of execution or levy is already in motion.
Improper admission of evidence, hearsay, expert testimony without adequate foundation, unauthenticated documents, or improper exclusion of evidence that should have come in. These arguments are strongest when the error was preserved with a contemporaneous objection and when it can be shown the outcome would likely have differed absent the error.
A substantial share of commercial appeals arise from summary judgment rulings rather than jury verdicts. Where the trial court applied the wrong standard, resolved a genuine issue of material fact, or misapplied the controlling framework, de novo review again favors the appellant, and we build the argument accordingly.
The most common engine of reversible error: the wrong legal standard applied, a statute or contract term misread, the burden of proof misstated, or binding precedent mischaracterized. Because errors of law are reviewed de novo, this is one of the more favorable postures for an appellant, and we focus on identifying exactly where the trial court's legal analysis broke down.
Related to the default context but broader: lack of notice, insufficient opportunity to be heard, or failure to satisfy mandatory procedural prerequisites. We brief these issues in both state and federal court.
Incorrect statements of law, refusal of a supported requested instruction, or misleading formulations remain among the most commonly litigated grounds of civil appeal. We handle this both as appellant's counsel challenging an adverse verdict and as counsel defending a favorable one.
Our appellate attorneys handle civil and commercial appeals before the Florida Third District Court of Appeal, the Florida Supreme Court, and the U.S. Court of Appeals for the Eleventh Circuit, covering matters originating in Miami-Dade circuit court and in the Southern District of Florida. The notice of appeal deadline in Florida civil matters is generally 30 days from final judgment under Florida Rule of Appellate Procedure 9.110.
We regularly serve as appellate co-counsel in matters involving cross-border parties and international contracts, and our bilingual team works directly with clients and counsel across Latin America and Spain without relying on translation as an intermediate step.
Based in Coral Gables, our practice serves clients throughout Miami-Dade, Broward, and Palm Beach counties, as well as international clients from Latin America and Spain with matters before Florida's state and federal courts.
The following is intended for clients evaluating an appeal directly, rather than referring counsel. If you're a litigator assessing co-counsel, the sections above cover what you need.
An appeal is a review of a lower court's decision by a panel of judges based on the existing trial record; no new witnesses or documents are introduced. In Florida civil matters, the deadline to file a notice of appeal is generally 30 days from final judgment, and missing it typically forfeits the right to appeal. Not every unfavorable result is reversible, which is why an honest assessment of the record comes before any recommendation to proceed.
An appeal is a formal review of a lower court's decision, conducted by a panel of judges based solely on the trial court's written record. No new witnesses testify, and no new documents are introduced. The appellate court reviews whether a legal error occurred that affected the outcome, and whether that error justifies reversal, modification, or a new trial.
In Florida civil cases, the deadline to file a notice of appeal is generally 30 days from the date the final judgment is rendered. Missing this deadline typically means forfeiting the right to appeal entirely, so it's worth getting a legal opinion as soon as possible after an adverse ruling rather than waiting to decide.
Circuit court decisions from Miami-Dade County are appealed to the Florida Third District Court of Appeal.
Florida District Court of Appeal decisions may be reviewed by the Florida Supreme Court in limited circumstances.
Federal district court decisions from the Southern District of Florida are appealed to the U.S. Court of Appeals for the Eleventh Circuit.
Yes, provided you file within the applicable deadline and there are identifiable legal grounds to challenge the ruling. Not every unfavorable verdict is reversible, which is why a candid initial assessment of the record matters before committing to the process.
Not every unfavorable result is appealable. Florida courts recognize a range of cognizable errors, including:
It's the framework an appellate court uses to evaluate the trial court's decision. Legal questions are reviewed de novo, meaning the appellate court reaches its own conclusions without deferring to the trial court. Factual findings require a showing of clear error. Discretionary rulings, such as evidentiary decisions, are reviewed for abuse of discretion. Which standard applies to your issue affects how strong your position is on appeal.
No. Florida appellate courts work exclusively from the trial court record. This is one reason it matters to address appellate considerations, such as making a clear objection on the record, during the litigation itself rather than after judgment.
Trial attorneys focus on fact-gathering, witness examination, and in-court advocacy. Appellate attorneys analyze the existing record for legal error, construct written briefs, and argue before judicial panels. The two disciplines require different preparation and a different mindset, which is why many cases bring in a dedicated appellate attorney once the case reaches that stage.
Civil appeals before the Florida Third District Court of Appeal typically take 12 to 24 months from the filing of the notice of appeal through a final decision. Federal appeals before the Eleventh Circuit run on a similar timeline. Complexity, record size, and the court's docket all affect the schedule.
Beyond court filing fees, the primary cost is attorney time spent reviewing the record, drafting briefs, and preparing arguments. Fee arrangements vary by the scope of the matter and should be discussed plainly before engagement.
Yes. Saltiel Law Group handles civil and commercial appeals before the Florida Third District Court of Appeal, the Florida Supreme Court, and the U.S. Court of Appeals for the Eleventh Circuit, covering matters that originated in Florida circuit courts and in the federal Southern District of Florida.
