Appellate Law

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The attorneys at Ciklin Lubitz & O’Connell strive to provide clients with the highest level of representation in all phases of litigation, including appeals.

We have experience handling direct and discretionary appeals to the United States and Florida Supreme Courts, the Florida District Courts of Appeals, and several Federal Courts of Appeal. Our appellate law experience includes identifying issues for an appeal, advising clients as to whether an appeal is meritorious, briefing the issues on appeal, and arguing before the appellate court.

Since 1992, Partner Ronald Crescenzo alone has been involved in almost 60 appellate cases filed with the Florida Fourth District Court of Appeal. Prior to joining the firm, Mr. Crescenzo served as a staff attorney for the Fourth District Court of Appeal from 1991 to 1992.

Partner Brian Joslyn, who chairs the firm’s commercial litigation department, has argued more than 250 appeals before Florida District Courts of Appeal and the Florida Supreme Court.

Partner Brian O’Connell, who chairs the firm’s Wills, Trusts, Estates, Probate and Guardianship department, has litigated hundreds of matters and handled dozens of appeals.

Representative Appellate Cases

  • Bitterman v. Bitterman, 714 So.2d 356 (Fla.1998). Mr. Joslyn was the lead attorney in the case where the Florida Supreme Court held for the first time that a trial judge has inherent authority to sanction “inequitable conduct” by litigants.
  • Trinity Quadrille v. Opera Place, 42 So. 3d 884 (Fla. 4th DCA 2010). In this breach of contract case relating to a multi-million dollar real estate development in downtown West Palm Beach, Mr. Crescenzo successfully defended entry of a summary judgment in favor of the firm’s client.
  • Town of Jupiter v. Byrd Family Trust, 134 So. 3d 1098 (Fla. 4th DCA 2014). At the circuit court appellate level Mr. Crescenzo secured a reversal of a $1.635 million fine assessed by the Town of Jupiter against a landowner, successfully arguing that the Town lacked jurisdiction to assess the fine. In a subsequent appeal, the Fourth District Court of Appeal affirmed the reversal of the fine, agreeing that the Town lacked authority to assess the fine.

Inherent in every lawsuit is the potential for an appeal. Whether the goal on appeal is to defend a favorable outcome or overturn a negative one, the attorneys at Ciklin Lubitz & O’Connell stand ready and have the experience to craft persuasive briefs and present effective oral arguments to the appellate court.

Every lawsuit the firm files is reviewed and monitored for potential points of appeal. Among the issues we look for are erroneous interpretation of the law, improperly admitted testimony, procedural errors, and faulty jury instructions.

While every case is different and no outcome can be assured, the attorneys at Ciklin Lubitz & O’Connell have the legal knowledge, skill and experience required to conduct your appeal before state and federal appellate courts throughout Florida and other jurisdictions.

Contact partner Ronald Crescenzo for a confidential discussion of a potential appellate law matter.