If there are good grounds for an appeal, we are confident we can help! Every criminal case at one point or another will require the Judge to make a ruling on a contested issue. Though the Fort Lauderdale/ South Florida area is blessed with an excellent Judiciary, sometimes our judges make the wrong decision when deciding an issue. Mistakes happen. Luckily for us we have the potential to obtain relief from an incorrect ruling by appealing to a higher court asking them to review and overturn the lower court’s ruling.
The appellate process is one very strict in conformity with procedural timelines and format. In order to file an appeal of a final order in Florida’s State court system, Florida Rules of Appellate procedure require that a notice of appeal be filed within 30 days of rendition of the final order to be appealed. With this notice, a filing fee must be paid to ensure your appeal is heard and not summarily denied due to procedure not being followed. From the time of filing the notice, the petitioner has 70 days to serve an initial brief upon the respondent.
From the date of delivery of the brief, the respondent will have 20 days to draft and serve their answer brief.
If you feel the Judge made an incorrect ruling in your case, it is extremely important that you contact an experienced appellate lawyer as soon as possible. Do not risk losing your right of appeal.
The Law Offices of Richard Della Fera offers consultation on your options. Call us today