Podhurst / Orseck
Appellate Litigation
Decades of Appellate Excellence in Complex Civil & Federal Appeals
Appellate litigation has been a cornerstone of Podhurst Orseck since its founding in 1967. Our appellate team brings unmatched insight and legal precision to high-stakes civil appeals in state and federal courts, including the Florida Supreme Court, multiple U.S. Courts of Appeals, and even the United States Supreme Court. With a track record that includes precedent-setting victories and influential amicus advocacy, we’re trusted by clients and fellow firms alike to handle their most critical post-trial challenges.
Our deep appellate bench includes seven attorneys who clerked for the U.S. Court of Appeals for the Eleventh Circuit. Stephen F. Rosenthal, a board-certified appellate specialist, and Christina H. Martinez, exemplify the high-caliber strategy and scholarship we bring to every case. From safeguarding multimillion-dollar trial verdicts to reversing legal errors with national implications, Podhurst Orseck is the appellate partner serious litigators trust to see their cases through to the finish. Our firm is nationally ranked by Best Lawyers in appellate practice and has consistently ranked in Chambers & Partners for the USA Guide Florida.
Landmark Cases – Shaping the Law
Real Results, Respected Nationwide.
Our cases don’t just make headlines – they make history. For decades, we’ve been at the forefront of litigation that has changed industries, influenced public policy, and set national legal precedent. Our work in aviation disasters, class actions, antitrust litigation, and mass torts has earned us a reputation as the firm trusted to lead when the stakes are highest.
Here are just a few of the impactful cases that illustrate our legacy of strategic advocacy and legal excellence:
Our firm’s commitment to legal excellence ensures that Podhurst Orseck clients receive the representation they need during challenging times.
Explore More Of Our Landmark CasesThe Podhurst Edge in Appellate Litigation
Appellate law is a unique legal discipline focused on challenging or defending decisions made by lower courts. Unlike trial litigation, appeals do not involve investigating and developing new evidence; instead, appellate litigation requires attorneys to argue about the proper interpretation of law or the appropriate application of law to the facts of the case, based solely on the record established at the trial level. Successful appeals require precise legal arguments, comprehensive knowledge of procedural rules, and succinct, persuasive writing.
At Podhurst Orseck, we handle civil appeals and trial-support work in federal and state courts touching on a range of subjects, including
- Commercial disputes
- Constitutional and administrative law issues
- Jurisdiction and venue challenges
- Amicus curiae representation
Our firm often joins cases after trial to guide clients through the appellate process with fresh legal insight and seasoned judgment. Trial teams also frequently bring us into a case even before a court has issued an appealable decision at the trial level, so that we can help ensure the court will enter an airtight decision in our favor that will withstand appellate attack from opposing parties or so that we build the strongest foundation for our appellate challenge in case of a trial-court loss.
Winning Grounds for Appeal in Civil Litigation
Not every loss at trial merits an appeal — but legal error, procedural missteps, or a flawed application of the law to the facts of a case can provide grounds for successful appellate review of an unfavorable decision below. At Podhurst Orseck, we conduct a thorough post-verdict analysis to identify viable appellate issues and shape a compelling argument for reversal or modification of an adverse decision.
Common Grounds for Appeal
- Legal Error: Misapplication or misinterpretation of the law by the trial judge — such as misunderstanding statutory requirements and case law or applying an incorrect standard.
- Procedural Errors: Deviations from established rules and procedures that compromised a party’s rights or affected the outcome – like allowing testimony or evidence that was not properly disclosed during discovery.
- Abuse of Discretion: Situations where the trial court made a ruling that was arbitrary, unreasonable, or not supported by the evidence – such as refusing to consider or admit critical evidence despite the evidence’s relevance and high probative value.
- Insufficient Evidence: A verdict that lacks adequate support in the trial record or is contrary to the weight of the evidence – where overwhelming evidence supports the elements of a claim but the court or jury ignores or overlooks the evidence to render a contrary verdict that is not supported by the record.
Our appellate lawyers are adept at reviewing trial records, identifying appellate-worthy issues, and building persuasive arguments grounded in law and judicial precedent to help overturn adverse decisions below.
How Podhurst Uncovers Your Best Path to Success
Podhurst Orseck is equally adept at handling appeals after a trial-court victory, and are often sought by clients and trial teams to protect a favorable ruling when the opposing party seeks to disturb the decision below. We know how to persuade the appellate courts that the trial court’s decision is well reasoned and due to be affirmed—by dismantling an opposing party’s attack, highlighting new arguments opponents fail to preserve, and framing the lower court decision firmly alongside existing precedent or consistent with sound legal interpretation. We fight to ensure your hard-fought victories at the trial level are not reversed or altered on appeal.
Whether you’re the appellant or appellee, we tailor our strategy to the specific contours of your case, with the goal of securing a result that serves your long-term interests.
Strategic Counsel for Trial Lawyers
Podhurst Orseck frequently partners with trial attorneys seeking appellate support even before an appealable trial order has been entered or a notice of appeal filed. We offer consulting at all stages of litigation, from trial preparation to post-verdict challenges, to ensure critical issues are preserved and post-trial strategy places you in the best position for a potential appeal.
Whether you’re looking to protect a hard-fought win or reverse an unfavorable outcome, we’re ready to add appellate firepower to your litigation team.
Appeal Cases Our Attorneys Handle
Civil Appeals
High-value verdicts and complex rulings often lead to appellate litigation. Our team represents individuals, businesses, and institutions concerning contracts, torts, business disputes, and more. Whether seeking to overturn a judgment or protect a trial win, we bring deep experience and creative legal analysis to every case.
Constitutional & Administrative Law
Our appellate attorneys routinely argue cases involving the U.S. Constitution. From First Amendment defenses to due process violations, we have defended civil rights and challenged government overreach at every level of the judiciary.
Nationwide Federal Appeals
Our firm handles appeals in federal appellate courts nationwide. We are trusted by other top trial lawyers across the country seeking sophisticated appellate support.
Post-Trial Motions & Extraordinary Writs
Preserving appellate issues begins at the trial court level. We assist trial counsel with critical motions — including motions for new trial, directed verdicts, and judgments notwithstanding the verdict — to ensure legal arguments are preserved for appeal. We also pursue writs of certiorari, prohibition, and mandamus where an ordinary appeal is not available to obtain the relief our clients seek.
Amicus Curiae Advocacy
When appellate courts consider major legal questions, the voices of non-parties can make a powerful impact. Podhurst Orseck has filed influential amicus briefs on behalf of advocacy groups, legal organizations, and industry coalitions nationwide to advance the causes that we and our clients care about.
Jurisdictional and Venue Challenges
Our deep experience handling jurisdictional disputes in the trial courts extends to the appellate sphere, where we have developed broad expertise in handling challenges to subject matter and personal jurisdiction, forum non conveniens arguments, and issues of sovereign immunity. We stay up-to-date on the latest developments and know how to highlight the most important details to succeed with jurisdictional and venue challenges on appeal.
What Is an Appeal in Civil Litigation?
An appeal is a legal process by which a higher court reviews a decision made by a lower court to determine if there were errors in how the law was applied. It is not a new trial and does not involve presenting new evidence—only legal arguments based on the existing trial record.
How Long Do I Have to File an Appeal?
Deadlines for filing an appeal vary by jurisdiction but are generally very short—often 30 days or less from the date of the final judgment. Missing the deadline can forfeit your right to appeal, which is why prompt consultation with appellate counsel is essential.
What Are Common Grounds for Appeal?
Common grounds include legal errors (e.g., misinterpreting statutes or case law), procedural errors (e.g., improperly admitted evidence), abuse of discretion by the trial court, or verdicts unsupported by sufficient evidence in the record.
Why Should I Hire an Appellate Lawyer?
Appellate litigation requires different skills than trial work—particularly in legal research, written advocacy, and issue framing. An appellate lawyer brings fresh perspective, identifies appealable issues, and crafts arguments tailored to how appellate judges think and rule.
How Long Does the Appeals Process Take?
The timeline varies by court and complexity, but most civil appeals take several months to over a year from filing to decision. The process includes written briefs, possible oral arguments, and judicial deliberation.
What Is the Standard of Review in Appeals?
The standard of review is the level of deference the appellate court gives the trial court’s ruling. Legal questions are reviewed de novo (no deference), while factual findings or discretionary rulings are reviewed more deferentially, such as for “abuse of discretion.”
Can You Appeal More Than Once?
Sometimes. If an appellate court remands the case and a new judgment is entered, that new judgment may be appealable. You can also appeal to a higher appellate court (such as a state supreme court or the U.S. Supreme Court), but such review is discretionary and rarely granted.
What Is a Brief in an Appeal?
A brief is a formal written legal argument submitted by both sides in an appeal. It outlines the relevant facts, identifies legal errors, cites precedent, and argues why the appellate court should affirm or reverse the trial court’s decision.
Podhurst Orseck Is Your Trusted Appellate Litigation Partner
Podhurst Orseck has a long track record of success in appellate courts. Our attorneys have:
- Argued cases before various U.S. Courts of Appeals
- Authored briefs in precedent-setting civil, commercial, and constitutional cases in state and federal appellate courts, including state supreme courts and the U.S. Supreme Court
- Collaborated with top trial lawyers to safeguard trial wins or correct legal errors
- Achieved reversals, affirmances, and settlements in cases worth millions – even billions of dollars.
We deliver results by combining meticulous legal research, clear writing, and eloquent oral advocacy. Whether your case involves a contract dispute, regulatory challenge, or constitutional issue, we bring the clarity and command of the law that appellate litigation demands.
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Navigate Your Appeal With Confidence
If you’re considering filing an appeal — or need to defend one — don’t leave your case to chance. Our lawyers are ready to provide the strategic guidance and experience needed at this critical stage of litigation.
Contact Us to schedule a consultation. We proudly serve clients across the nation in high-stakes appellate matters.
+1(305) 358-2800