Appeals and Appellate Law

St. Augustine's Largest Law Firm

Appeals and Appellate Law

Our group of Appeals and Appellate Law attorneys and lawyers routinely represent clients in challenges to discovery orders, temporary needs, administrative decisions, civil lawsuit, trial court judgments and other legal decisions.  

Experience

As the St. Augustine area’s largest group, we have over 10 attorneys.  We are ready to take on your appeal. Our attorneys and lawyers engage in appellate work, helping clients seek review of, or defend the results reached by, a trial court. 

Our Appeals and Appellate Law attorneys and lawyers have significant experience.  In fact, several of our attorneys and lawyers represented clients in multiple appeals in 2024 alone.  Additionally, one of our lawyers has personally represented clients in over 50 appeals.  One attorney.

Administrative and Court Decisions

We understand that quasi-judicial bodies and judges do not always get it right the first time.  We also appreciate that obtaining a good result can be important to protect.  Our strength is in dedicating the effort needed to thoroughly write an appellate brief, whether a petition for writ of certiorari, an initial brief, answer brief or reply brief. 

  • Appeal of Planning and Zoning Agency (PZA) or Board (PZB)
  • Appeal of City Commission to Circuit Court
  • Appeal of County Commission to Circuit Court
Proficiency in Legal Writing 

Having writing skills you need, including attorneys who booked multiple legal writing classes and graduated with honors, we are ready to take on Appeals and Appellate Law. 

Our appeals attorneys have written numerous appellate briefs, answer briefs, petitions for writ of certiorari and related relief.  Often, attorneys at our firm find it difficult to stay within the 50 page limit for briefs.  

Attorneys’ Fees on Appeal

Where appropriate, we also assist clients in preserving and perfecting attorneys’ fees claims on appeal.  In fact, we have successfully prevailed on appeals where clients were awarded attorneys’ fees for the trial and the appeal.

Types of Civil Appeals?
Civil Litigation Appeals

Mishpaja Shajine, Inc. v. Granada Ins. Co., 319 So. 3d 762, 2021 Fla. App. LEXIS 6383, 46 Fla. L. Weekly D 1027, 2021 WL 1773843 (Fla. 3rd DCA 2021)

Successfully appealed a trial court’s entry of summary judgment when court abused its discretion by not allowing an amended answer to the complaint.

Breach of Contract Appeals

Patel v. Sparrow, 2021 Fla. App. LEXIS 13578, 325 So. 3d 865, 2021 WL 4535653 (Fla. 5th DCA 2021)

Successfully defended trial court’s final judgment award based on a breach of contract action, including recovering attorney’s fees and costs at trial and on appeal.

Landlord/Tenant Appeals

Poky Management, LLC v. Solution Investment Group, LLC, Case No. 5D2023-0169 (Fla. 5th DCA 2024)

Successfully represented landlord in appeal concerning eviction action for recovery of legal fees denied by trial court.

Discovery Interlocutory Appeals 

Dimattia v. Fairways Condo. at Palm Coast, 2021 Fla. Cir. LEXIS 3222 (Fla. Circuit Court, Flagler County 2021)

Successfully compelled discovery on behalf of a condominium association.

Employee Theft and Embezzlement

Holder v. Ausit St. Augustine, LLC, 2020 Fla. App. LEXIS 11079, 300 So. 3d 664, 2020 WL 4582198 (Fla. 5th DCA 2020)

Successfully defended a final judgment for employer who obtained treble damage award based on employee’s theft.

HOA and Condo Association

Walters v. Ocean Gate Phase I Condominium, 2006 Fla. App. LEXIS 5070, 925 So. 2d 440, 2006 (Fla. 5th DCA 2006)

Successfully defended a final judgment for employer who obtained treble damage award based on employee’s theft.

Probate Appeals

David Heyman, Jr. v. Terese Heyman, Case No. 5D2022-1133 (Fla. 5th DCA 2024)

Successfully represented client in connection with a contested probate action, preserving assets of sibling.

Family Law Appeals

Powers v. Powers, 2021 Fla. App. LEXIS 12332, 323 So. 3d 738, 2021 WL 3732791 (Fla. 5th DCA 2021)

Successfully defended trial court’s final judgment awarding of permanent alimony, child support, retroactive alimony and child support, as well as attorney’s fees and costs.

Cooper v. Cooper, 318 So. 3d 1291, 2021 Fla. App. LEXIS 9487, 46 Fla. L. Weekly D 1506 (Fla. 5th DCA 2021)

Successfully defended a trial court’s final dissolution judgment, awarding child support and deviating from the 7th Circuit Timesharing Guidelines based on best interests of the child.

Federal Court Decisions

St. Augustine v. Boomerang, LLC, 2020 U.S. Dist. LEXIS 118785, 2020 WL 3790588 (M.D. Fla. July 7, 2020)

Successfully prevented a case from being removed to federal court based on a lack of subject matter jurisdiction, thereby preserving the local government’s state court action.

Clarke v. Henslin, 2020 U.S. Dist. LEXIS 38993, 2020 WL 1049171 (M.D. Fla. February 13, 2020)

Successfully negotiated the resolution of a Fair Labor Standards Act (FLSA) case.

Ward Edwards, Inc. v. Devlin Grp., Inc., 2019 U.S. Dist. LEXIS 196300, 2019 WL 5962674 (M.D. Fla. November 13, 2019)

Successfully defended a client from a motion for proceedings supplementary and impleader of non-parties.

Bid Award, RFP, RFQ Challenges

Sebastian Inland Harbor Dev., L.L.C. v. City of St. Augustine, 2005 Fla. App. LEXIS 10636, 905 So. 2d 899

Successfully represented City of St. Augustine in defense of competitive selection process for City’s harbor development project.

Land Development and Zoning Appeals

In addition to the above cases, we have represented clients in dozens of appeals challenging zoning denials and defending zoning approvals, including rezonings, planned unit development approvals, special use permits, variances, and other similar land use and development orders.  

Need to appeal planning and zoning to the commission?  We can do that also.

Did You Know? 

Attorneys Douglas Burnett and James Whitehouse were once opposing attorneys on land use and zoning cases.  In fact, Mr. Burnett and Mr. Whitehouse were once Appellant and Appellee in a famous local case.  

Harry Waldron v. St. Johns County

Contact Us:
Land Development Zoning Attorney Lawyer City County
Appeal Appellate Petition Attorney Lawyer