Appeals
Years and Miles. Pankauski Lazarus handles appeals throughout Florida and has been doing it for years. Across the miles, in every district court of appeal. Year after year. Particularly for probate and guardianship appeals in light of Fla. R. App. Proc. 1.970.
Our firm can consult or advise on particular, case-specific appellate issues, or handle your entire appeal, including: timing and content of initial briefs, reply briefs, responses, whether motions are advisable or not, how to attempt to recover attorneys’ fees, and the consideration of filing a cross-appeal.
But thinking about an appeal should not wait until judgment. We consult with both potential clients and referring lawyers during trial, and post-judgment. After all, understanding potential appellate rights is an important part of one’s overall litigation strategy. And, if you prevail at trial, we can advise on the pro’s and con’s, risks and rewards, to a potential cross appeal.
Experience Counts. Experience shows that any trial lawyer should anticipate a possible appeal well before a Notice of Appeal has been filed and your brief clock is running. Did you prepare for that appeal? Our involvement can begin at the trial level, in an attempt to evaluate and anticipate possible appellate issues, and to then brief those matters when an appeal does occur. This is very common when evidence may be improperly considered or admitted.
We also attempt to preserve appellate rights at hearings, considering issues that may be outcome-determinative in a later, possible appeal. This is very common when one party attempts to improperly change a prior ruling; seeks to amend; whether a party has legal standing; or whether a court can even rule on a matter (jurisdiction). Failure to raise an issue at the trial level may prevent you from raising it for the first time on appeal. That’s why pre-appeal, trial-level, motions for reconsideration or rehearing may be crucial to your successful appeal. We evaluate and see these same issues over and over again in our firm’s practice.
Our firm can handle the entire appellate process: from filing notices, to preparing appellate briefs, and presenting your case at oral argument before a panel of District Court of Appeal judges.
Nothing Succeeds Like Success. Here are a few of our favorite victories that helped our clients make law in Florida.
Marks v. White, 5th DCA, August 30, 2022. (motion to amend was properly denied; failure of party to seek timely amendment prevented “2nd bite” at the litigation apple and subsequent petitions for relief; party lacked standing)
Marks v. White, 5th DCA, April 1, 2021. (petitioner who claimed entire estate by undue influence and heirship (paternity) was time barred)
Howell Beres v. Pankauski Hauser Lazarus, 4th DCA, March 11, 2021 (trial court’s ruling on attorneys fees and prevailing party attorneys fees upheld on appeal)
Paris v. Joseph, 4th DCA, September 1, 2021 (prenuptial agreement “carved out” homestead of decedent entitling surviving spouse to one half of residence)
Cruz v. Community Bank & Trust of Florida, August 9, 2019 ( clients who challenged validity of father’s pour-over will had standing to object to trust accountings)
McKeegan v. Ernst, 4th DCA, April 11, 2012 (trial court improperly froze trust accounts; injunction reversed)
Langer v. Fels, 4th DCA, November 10, 2010 (victory at trial court on joint bank account affirmed)
