Negligent Failure to Appeal
Florida Legal Malpractice
Negligent failure to appeal or raise reversible error
When a person isn’t successful in a legal action in the lower courts, he or she has the right to appeal the decision or verdict to a higher court, known as an appellate court. The person who brings the appeal is called the appellant. That appellant raises certain alleged errors made in the lower court that were harmful and might have brought the lower court judge or jury to the wrong decision or verdict.
When can an appeal be filed?
The general rule is that an appeal must be brought within 30 days of the date of any final judgment that a court renders. Failure to file the appeal within that 30-day time limit is likely to bar an appellant from proceeding further. In a small minority of cases, an appeal will be permitted on an issue in a case before a final judgment is entered. These are known as interlocutory appeals. The lower court might allow an interlocutory appeal if the wait for an appeal could prejudice the appellant. Issues that might be heard in an interlocutory appeal can also be heard after final judgment is entered.
Two common grounds for appellate malpractice
A common scenario giving rise to Florida legal malpractice, in the context of appellate practice, is an attorney’s failure to file an appeal on behalf of a client within the required 30 days. Another common scenario is when the attorney, on behalf of the appellant, files the appeal in a timely fashion but fails to raise issues on appeal that could be important reversible errors made by the lower court judge.
The rules governing appeals in Florida are quite complicated, and they’re entirely different than the rules governing trial practice in the lower courts.
If you believe that your attorney was negligent in failing to file your appeal, or that he or she failed to challenge a reversible error, you can contact a Tampa legal malpractice attorney here at Wagner McLaughlin for a free consultation and case evaluation.
We actively pursue legal malpractice cases all across Florida.