Getting The Right Decision In Court
If you have lost a lawsuit or a particular issue in a lawsuit, Beth M. Terry can help you explore your options through an appeal. Beth has extensive knowledge of appellate litigation, which varies in three distinct ways from what we think of as "regular" litigation.
The Appeals Process
The United States government acknowledges that court decisions are not always made correctly, and offers an appeals process for individuals seeking to contest initial judgments.
In the court system, evidence may be overlooked and other factors may skew a judge's ruling. Beth M. Terry regularly handles appeals and has extensive knowledge of the ways an appeal differs from a trial.
At a trial, a single judge presides. At the appellate level, the appeal is heard by panels of three or more judges. The judges arrive at a decision by a majority vote.
At a trial, the judge looks at evidence to determine the truth. In an appeal, the judges determine if legal mistakes were made at trial.
The procedures in the appellate process are highly complex and leave an inexperienced person vulnerable to errors. One of the most important factors is that the appellate attorney must show that the legal mistake was preserved for review.
Moreover, the appeals process may also occur in the trial proceedings, in cases where a magistrate hears and determines the issues. A magistrate's rulings can be challenged by an appeal to the judge on the case. This process, called exceptions to the magistrate's report, must be initiated within 10 days of a magistrate's ruling.
Experienced, Effective Representation
The opportunity for any type of appeal exists for only a short time — 30 days or less. It is important to act quickly.
Beth M. Terry has litigated many appeals in several Florida district courts, covering a variety of legal issues, with an emphasis in divorce decisions. She draws on her experience in the court system, where she assisted in drafting opinions in appeals of administrative and county court decisions, to provide effective representation throughout the appellate process.