Apellate

Shendell & Pollock attorneys and associates are skilled in appellate law and have successfully argued and defended appeals before appellate state and federal courts whose jurisdictions covers the state of Florida. Shendell & Pollock attorneys and associates understand the business issues related to appellate issues that substantially impact clients' business practices. Our attorneys and associates trial advocacy skills translates to effective appellate advocacy skills.

Our Appellate Practice Division is integral to Shendell & Pollock P.L.’s successful representation of our clients including businesses, professionals and risk managers.  An essential component of our effective representation includes all issues attendant to preservation of error to enable appropriate appellate review of proceedings from lower tribunals.  This component of civil litigation includes making appropriate arguments, written submissions and objections to facilitate the correction of errors through the appellate process.  Errors in the underlying proceedings may be comprised of improper rulings by the trial court, relating to legal claims and causes of action, theories of liability, elements of recovery, affirmative defenses, dispositive motion practice, and admissibility or exclusion of evidence.  Some other typical errors susceptible of appellate review include misconduct of attorneys, for example in making improper closing arguments at trial.  Juror misconduct is also an area which often involves appellate issues, as the right to a fair and impartial jury trial is fundamental to our system of judicial and quasi-judicial dispute resolution.

 Shendell & Pollock’s Appellate Practice Division is headed by Diran V. Seropian, Esq., who is a Florida Bar Board Certified Specialist in Appellate Practice.  With his experience handling over one hundred and thirty appeals before all Florida trial courts, and appellate courts, our ability to perfect and succeed in appellate practice and trial support for our clients is well established. From invoking jurisdiction and initiating review at the appropriate level, to preparation of the appellate briefs, oral argument, and rehearing after disposition, Shendell & Pollock, P.L. is equipped with skilled and experienced attorneys, qualified for the job.

 Our Appellate Practice Division is able to perfect appeals from non-final orders, final orders, review of administrative action, discretionary review and original proceedings, including writs of certiorari and prohibition.  Essential to successful litigation and forward looking strategies for optimal results, appropriate resources must be dedicated to effectively support the trial lawyer.  This aspect of trial support and preservation of error often takes the form of effective motion practice, written submissions, and the participation of the appellate attorneys at the trial level to guide and shape the end result.  Indeed, the whole concept of effective appellate review is predicated on proper order of proof, timely advocacy and contemporaneous objection at the trial level.  Because appellate review is generally limited to what is in the record (the transcript and written submissions of the proceedings below), having the right specialist there, to overcome a bad result, or defend a good result is our goal.  The lawyers at Shendell & Pollock, P.L. understand this critical aspect of representation of our clients and bring the correct resources to bear for each legal issue and proceeding.

The typical appellate undertakings relating to civil litigation include the following:

• Final Orders of Trial Courts

• Non final orders of circuit courts relating to determination of venue, injunctions, jurisdiction of  the person, immediate possession of property, entitlement to arbitration, and class  certification

• Direct review of administrative action

• Non final orders of lower tribunals

• Appellate decisions of circuit courts

• Writs of certiorari to review discovery orders

• Motions to stay proceedings

• Supersedes bonds relating to money judgments

• Preparation of Briefs and effective brief writing

• Oral argument presentation

• Grounds for Rehearing, Certification and En Banc Review

• Issuance of Mandate, its operation, force and effect and enforcement

• Determination of standard of review and scope of review

• Recovery of appellate costs, and attorneys’ fees on appeal

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