Efficient, Effective Strategies

Designing And Supporting Effective Commercial And Civil Appeals

When commercial litigation culminates in a court trial decision that is unacceptable to either the plaintiff or defendant, that party – a business or an individual in a lawsuit versus a business – may look for justifications by which to bring an appeal. The same is true of any type of civil litigation such as a probate dispute. By working closely with their attorney or a separate appellant attorney, the person or organization bringing the appeal may have a second opportunity to achieve a more acceptable outcome. Additional appeals can go further, all the way to the Supreme Court of the United States (SCOTUS), if warranted and necessary.

If you believe there may be reasons to challenge the decision of a state court in Florida or a federal trial court anywhere after the conclusion of a commercial or civil litigation matter, you can turn to JAM LAW with confidence. Attorney Jason Martorella will find the needle in the haystack if there is one.

Justifications For Appeals Over Commercial Disputes

Attorney Martorella has brought successful appeals in numerous commercial disputes. Commercial litigation appeals may involve arguments alleging:

  • Errors in the original trial regarding contract interpretation, insurance bad faith, unfair competition, securities disputes, or other commercial matters
  • Legal errors involving questions over the admissibility of evidence in a commercial litigation trial
  • Incorrect application of legal standards to the facts of a case, the credibility of witnesses
  • Procedural errors, such as the denial of the appellant’s right to cross-examine witnesses
  • Constitutional errors, such as violation of the right to a fair trial
  • Errors in legal reasoning in the original trial

He has also provided legal support to other lawyers who were preparing to write appellate briefs or needed to devise strategies for oral arguments in appeals.

Appeals Involving Other Types Of Civil Litigation

Individuals may also contest court judgments in other areas of civil litigation, including family law, probate law, and real estate law, through appeals. Attorney Martorella has a great deal of knowledge and experience in all procedures in civil appeals, including:

  • Filing a notice of appeal within a specified time frame after the trial court’s decision
  • Preparing a written brief including specific arguments in support of an appeal
  • Explaining in the brief the incorrect application of the law, a procedural error, an abuse of discretion, a factual error, or insufficient support by the evidence of the court’s decision
  • Preparing for optional oral arguments to make before a panel of appellant judges

If the court of appeals remands the case back to the original court, the appellant and their lawyer may need to be ready to bring a case once again, in a new trial, or continue the previous one.

Let JAM LAW Hear From You About Appellate Needs

Attorney Martorella welcomes inquiries from litigants, appellants, trial attorneys, and appellate law attorneys regarding any potential or imminent appeal in state or federal appellate courts in Florida.

To schedule a consultation about appealing cases in Miami, Fort Lauderdale, or elsewhere in Florida, call the Fort Meyers office at 239-744-3440 or the Miami office at 786-798-6617. You can also complete an online inquiry form.