Appellate Practice Group

In addition to the Litigation Division’s more than 20 seasoned trial attorneys, we also have one of most successful appellate practices in Florida.  Not only do we handle dozens of appeals generated each year by our trial practice, but we are frequently called upon to serve as appellate counsel for our peers.  Attorneys in the Appellate Practice Group, led by Edward G. Guedes, include Florida Board-certified experts, and have a record of success pursuing and defending appeals of final judgments and verdicts, as well as non-final, interlocutory appeals, on behalf of public and private sector clients throughout the State.  In addition, the Group’s attorneys, with keen insight into appellate procedures and the current state of the law on various procedural and substantive issues, also provide invaluable trial/litigation support to our litigators on a daily basis. 

The Group successfully advocates regularly before the Florida Supreme Court, all of the Florida district courts of appeal and the appellate divisions of Florida’s twenty judicial circuits, in addition to the United States Circuit Courts of Appeals, the United States Supreme Court and appellate courts in numerous other jurisdictions.   We have also been retained by some of the largest corporations in America to serve as their regular appellate and trial support counsel.

 Our collective experience includes handling some of the most significant constitutional and government law matters to come before the courts of Florida and the United States. The Group’s attorneys have a long track record of successfully representing clients in appellate matters involving class actions, bid and procurement disputes, commercial disputes, business torts, zoning and land use, municipal bond validations, labor and employment (including wage and hour issues), intellectual property, environmental regulation, telecommunications,  torts, contracts, government purchasing, civil rights, ad valorem taxation and probate matters.

The Group also handles matters involving the issuance of and opposition to extraordinary writs such as certiorari, mandamus, prohibition and quo warranto. Our extensive knowledge of appellate practice and procedures allows us to advise clients properly regarding the meaningful and cost-effective use of appellate stays, motions for rehearing and rehearing en banc, and requests for certification of issues for further appellate review.

We also know that a successful appeal requires the careful creation and preservation of the evidentiary record in proceedings before trial courts and administrative tribunals.  Our peers frequently retain us as trial consultants to assist in preparation and trial of their cases and in post-trial proceedings.

Successful appellate advocacy frequently means much more than advancing the best possible arguments in the most cogent manner possible to the limits of the law.  It often requires a careful assessment of how the law in a particular field is developing and determining which battles are worth fighting, and which ones unnecessarily create the potential for unintentional adverse consequences to a particular client or industry.  This broad 360º perspective on how appellate precedents shape the development of the law is critical to many clients’ business and governmental objectives. 

This is particularly the case when representing individuals and entities who seek to participate in appellate proceedings as amicus curiae or “friends of the court.”  In such situations, clients often feel their interests might be adversely affected by ongoing appellate proceedings to which they are not formal parties.  We consult with such clients to provide a candid assessment of the impact their involvement might have on a particular pending appellate proceeding.  We also consult with counsel for the parties engaged in litigation, as well as other potential amici, to develop an overall strategy for amicus participation and carefully select the issues to be advocated so as to maximize the influence and persuasiveness of the client’s amicus position.