The attorneys of Tripp Scott have tremendous respect for the legal and judicial system of which they are, in fact, sworn officers. But sometimes, even the greatest legal system in the world gets it wrong the first time. And that’s why the appeals process is often where a case really begins, and why the work of our Appellate Practice Group is so critical.

The appeals process is fundamentally different from the trial level in its operations, procedures, and its focus on application—and sometimes, evolution—of the law, as opposed to the facts. While appeals generally are taken after trial to overturn an unfavorable result or remedy errors made by the trial court throughout the litigation, there are some instances where an appeal may also be needed in the midst of litigation. Thus, successful appeals also depend on an in-depth familiarity with the trial stage, which is where errors happen, and often, critical appeals of trial-shaping motions occur. The work of the Appellate Practice Group ensures our clients’ ability to recover at trial is protected throughout all stages of the litigation.

Our Appellate Practice Group has provided breakthrough results for our clients at both the appellate and trial levels. On appeal, our Appellate Practice Group is adept not only at framing the facts and issues arising from a trial case, but also in formulating novel theories that help interpret, create, and adapt the law to changing realities in our jurisprudence. The Appellate Practice Group has vast experience successfully arguing appeals before federal and state appellate courts, including final appeals and writs of certiorari, and includes lawyers from almost every practice field with proven track records on appeal. Distinguishing theteam are four attorneys who served as clerks for federal and state judges at the district and appellate levels, and whose intimate knowledge of the workings, judicial leanings, and legal reasoning of the appellate branch provide a vital edge to our clients’ ability to succeed on appeal.

Our appellate also attorneys frequently participate in and advise trial teams to ensure that from the earliest stages of trial—including pre-suit requirements, pleadings, pre-trial motions, discovery, the presentation of evidence, closing arguments, and even into post-trial motions—all procedures are properly followed; motions, objections, and questions properly framed; errors are preserved for appeal; and appeals are timely and appropriately taken. The Appellate Practice Group can help determine whether and when an appeal is appropriate, defend an appeal from a losing opponent,and determine whether pursuing a settlement made possible by the potential for an extended and likely expensive appeal is preferable. Trial teams from other firms also turn to Tripp Scott for appeals they do not feel equipped to pursue.

Significant appeals victories by the Tripp Scott appellate team in recent years in the state appellate courts and at the federal Eleventh Circuit Court of Appeals include:

• Foshee v. Banks, No. 22-11321, 2022 WL 17547200 (11th Cir. 2022): upheld a federal district court’s dismissal of a case that preserved key legal principles preventing forum-shopping by plaintiffs.

• Citizens for Responsible Development, Inc. v. City of Dania Beach, 358 So. 3d 1 (Fla. 4th DCA 2023): successfully defended the granting of summary judgment, rejecting an expansive concept of standing to sue that could have created new roadblocks for development and economic growth in the state.

• Lexi Condo. Ass'n, Inc. v. Moss & Associates, LLC, 359 So. 3d 845 (Fla. 3d DCA 2023) (Mem): defended summary judgment denying an extensive theory as to the statute of limitations for potential defects on construction projects that could have burdened small businesses across the state.

• Collins Condominium Association, Inc. v. Riveiro, 348 So. 3d 8 (Fla. 3d DCA 2022):defending a judgment upholding rights to attorneys’ fees as “prevailing party” despite withdrawing the initial legal action where the client’s complaint triggered corrective action.

• Matthew Jacocks v. Capital Commercial Real Estate Group, Inc., 310 So. 3d 71 (Fla. 4th DCA 2021): won appeal of an order wrongly forcing a client into arbitration in a legal malpractice suit.

• Lif v. In Re Estate of Lif, 325 So. 3d 968 (Fla. 3d DCA 2021): upholding the rights of an estate’s beneficiary to compel the appointment of an administrator ad litem where the estate’s Personal Representative had apparent conflicts of interest.

• Rasor v. In Re: Estate of Rasor, 337 So. 3d 346 (Fla. 4th DCA 2020): winning reversal of an order to strike an action by a personal representative in probate proceedings and thereby providing an important clarification on timing of notice periods.

• Isan v. Isan, 209 So. 3d 40 (Fla. 5th DCA 2016):successfully pursued a petition for writ of prohibition to disqualify a trial court judge in a family law matter, upholding the principle that improper ex parte communications were sufficient to give rise to a fear of not receiving a fair and impartial hearing and indicating that the petition was filed in a timely manner.