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Safeguarding the interests of Florida businesses, investors, and shareholders in state and federal courts.
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Appellate Advocacy That Makes a Difference
At Perez Mayoral, P.A., we understand the complexities and challenges involved in the appellate process. Our appellate attorneys are dedicated to helping clients navigate appeals with confidence, whether you’re dealing with a civil or criminal matter. We offer a consumer-friendly approach to ensure you are fully informed and supported every step of the way.
Contact us today to schedule a review of your appellate case.
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About Our Firm
Perez Mayoral, P.A. is a full-service litigation firm managing complex disputes across business and commercial law, real estate law, HOA and condominium law, and general litigation. Our appellate practice extends to these areas, as well as criminal appeals, leveraging our attorneys’ deep backgrounds in these fields. We are committed to providing strategic, results-oriented legal representation at every stage of the legal process.
Civil Appeal Services
Appeals from Final Judgments
Appealing final decisions in civil cases involves a broad spectrum of issues, including commercial disputes, contract disputes, HOA and condominium conflicts, real estate matters, personal injury claims, employment disputes, insurance claims, and other legal challenges. These appeals require careful analysis and a strategic approach to overturn or modify the original ruling.
Interlocutory Appeals (Appeals from Non-Final Orders)
Interlocutory appeals challenge significant non-final orders during ongoing litigation. They address interim decisions that could substantially impact a case's outcome or parties' rights, such as preliminary injunctions, denials of motions to dismiss, or certain summary judgment rulings. These appeals are crucial in preventing potential injustices before a final judgment is reached.
Writs of Certiorari, Prohibition, Mandamus, and Quo Warranto
Extraordinary writs in appellate practice include certiorari, prohibition, mandamus, and quo warranto. Certiorari reviews non-appealable decisions, prohibition stops courts from exceeding jurisdiction, mandamus compels duty performance, and quo warranto challenges authority. These writs intervene in lower court proceedings to correct urgent errors outside the standard appeal process.
Appeals in Business & Contract Litigation
Handling appeals related to business contracts, commercial transactions, corporate governance, and contract disputes often involves complex issues such as partnership disputes, shareholder rights, breaches of fiduciary duty, and contract enforcement. The key focus is on whether the trial court correctly applied business law principles and accurately interpreted contract terms, ensuring fair outcomes for all parties involved.
Appeals in Real Estate, HOA & Condominium Disputes
Appealing decisions in real estate and HOA/condominium disputes covers property rights, zoning issues, construction conflicts, landlord-tenant matters, and conflicts between homeowners or condominium owners and their associations. These appeals review the trial court's application of real estate laws, fiduciary duty, rule enforcement, assessments, governance decisions, property maintenance, and the interpretation of governing documents.
Motions & Appeals Related to the Disqualification of Judges
These legal actions challenge a judge’s ability to preside over a civil case due to potential bias, conflict of interest, or other factors that could compromise impartiality. The process typically starts with a motion for disqualification filed in the trial court. If the motion is denied, the decision can be appealed to ensure a fair and unbiased adjudication of the case.
Criminal Appeal Services
Appeals from Convictions
These appeals are the initial challenge to a criminal conviction, filed directly after the trial court proceedings. They address errors evident in the trial record, such as improper admission or exclusion of evidence, incorrect jury instructions, prosecutorial misconduct, or ineffective assistance of counsel visible from the trial proceedings. The appellant must demonstrate that the error was significant enough to have affected the outcome of the trial.
Post-Conviction Relief Appeals Under Rule 3.850
These appeals seek relief after a conviction has been finalized, often through motions such as Rule 3.850 in Florida. They typically address issues that were not apparent during the trial or direct appeal, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations evident after the conviction. Post-conviction relief appeals have strict time limits and procedural requirements, often requiring filing within a specific period after the conviction becomes final.
Appeals from Sentencing
These appeals contest the legality or appropriateness of a sentence imposed by the trial court. They may argue that the sentence exceeds statutory limits, violates constitutional protections against cruel and unusual punishment, or reflects an abuse of judicial discretion. Sentencing appeals often involve complex issues of statutory interpretation and constitutional law.
Habeas Corpus Petitions
These petitions challenge unlawful detention or imprisonment, often used to address constitutional violations in criminal cases. They can be filed in state or federal court and are considered a last resort when other appeals have been exhausted. Habeas corpus petitions often involve complex procedural issues and can address a wide range of constitutional violations.
Writs of Certiorari and Prohibition in Criminal Cases
Writs of Certiorari and Prohibition play crucial roles in criminal cases. Certiorari allows appellate courts to review interlocutory orders, such as evidence suppression or bail decisions, before final judgment. Prohibition prevents trial courts from exceeding their jurisdiction or acting contrary to fundamental legal principles. Both writs are discretionary, with Certiorari providing the higher courts the option to review and Prohibition serving as a rare and extraordinary remedy.
Motions & Appeals Related to the Disqualification of Judges
These legal actions challenge a judge’s ability to preside over a criminal case due to potential bias, conflict of interest, or other grounds that could compromise impartiality. They typically begin with a motion for disqualification filed in the trial court, which, if denied, can be appealed.
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Appellate Resources
Below, you’ll find a collection of key resources, including links to the Florida appellate courts, recently issued opinions, rules of procedure, and other useful materials.
Florida Appellate Courts
Florida Supreme Court
Jurisdiction: Statewide
The highest court in Florida, with ultimate judicial authority over all lower courts in the state.
First District Court of Appeal
Circuits: 1st, 2nd, 3rd, 8th, 14th
Counties: Escambia, Santa Rosa, Okaloosa, Walton, Leon, Gadsden, Wakulla, Jefferson, Liberty, Franklin, Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Baker, Union, Bradford, Gilchrist, Alachua, Levy, Bay, Calhoun, Gulf, Holmes, Jackson, Washington
Second District Court of Appeal
Circuits: 6th, 12th, 13th
Counties: Pasco, Pinellas, Manatee, Sarasota, DeSoto, Hillsborough
Third District Court of Appeal
Circuits: 11th, 16th
Counties: Miami-Dade, Monroe
Fourth District Court of Appeal
Circuits: 15th, 17th, 19th
Counties: Palm Beach, Broward, Indian River, Martin, Okeechobee, St. Lucie
Fifth District Court of Appeal
Circuits: 4th, 5th, 7th, 18th
Counties: Clay, Duval, Nassau, Citrus, Hernando, Lake, Marion, Sumter, Flagler, Putnam, St. Johns, Volusia, Brevard, Seminole
Sixth District Court of Appeal
Circuits: 9th, 10th, 20th
Counties: Orange, Osceola, Hardee, Highlands, Polk, Charlotte, Collier, Glades, Hendry, Lee
Recently Issued Opinions
Recently Issued Opinions from the Florida Supreme Court
Recently Issued Opinions from the First District Court of Appeal
Recently Issued Opinions from the Second District Court of Appeal
Recently Issued Opinions from the Third District Court of Appeal
Recently Issued Opinions from the Fourth District Court of Appeal
Recently Issued Opinions from the Fifth District Court of Appeal
Recently Issued Opinions from the Sixth District Court of Appeal
Additional Resources
Florida Rules of Appellate Procedure – This document provides the comprehensive set of rules governing appellate practice and procedure in Florida’s appellate courts, effective as of July 1, 2024.
Florida Self Represented (Pro Se) Appellate Handbook – Prepared by individual members of The Florida Bar Appellate Practice Section as a public service, this handbook is designed to assist individuals representing themselves in appellate matters. It is not intended to substitute for the advice of an experienced appellate lawyer.
The Record – The Record is the Journal of the Florida Bar Appellate Practice Section. Articles are published regularly online and address substantive appellate topics and other issues of interest to appellate practitioners.
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