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Appeals of Florida Nursing Home Abuse Cases

Losing at trial is not always the end of a Florida nursing home abuse case. If the judge made a legal error, evidence was admitted or excluded incorrectly, or the damages awarded do not match the proof, either side may ask a Florida appeals court to review what happened. Appeals of Florida nursing home abuse cases follow their own rules, deadlines, and standards of review — and they are decided on the trial record, not on new evidence. This page explains how a nursing home abuse appeal works, who can file one, and how long the process usually takes.

Appealing a Nursing Home Abuse Case

Appeals of Florida nursing home abuse cases may occur when one side disagrees with something that happened at the court trial level. This disagreement could be in response to a ruling the judge made or the jury’s final verdict. In general, an appeal is a request that asks the court above the trial court, the court of appeals, to review an issue or verdict to determine whether the lower court was wrong.

Unless an appeal is for an isolated issue like a specific ruling, and the person appeals at the end of a trial, they generally can only appeal on things they objected to during the trial. When they file an appeal, they are supposed to raise all of the appealable issues in their first motion. If they do not object to something during the trial, they typically cannot appeal the issue later. Additionally, if they do not raise the issue on their motions for the appeal, they cannot bring it up later as they have waived it.

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Potential Time Frame of an Appeal

When someone wants to appeal a ruling or verdict, they generally must file certain notices in the lower court and then with the appellate court. The appealing party typically has to lay out a detailed and lengthy motion regarding the issue they are appealing and why.

Additionally, appeals of Florida nursing home abuse cases frequently take a few months to be reviewed and determined. When an appeal on a bigger issue such as a jury verdict is filed, the process could take years. Furthermore, if the appealing party does not win, they may be eligible to appeal to the Florida Supreme Court. This generally starts the process all over again and as a result, some cases could be on appeal for as long as 10 years.

Factors That May Lengthen or Shorten an Appeal Process

One of the biggest factors in a nursing home abuse case that could lengthen the amount of time an appeal might take is when the other side asks for extensions to file motions. Those are often granted by the appellate court. They usually give extensions in increments of 30 days.

In addition to the timing issues presented by extensions to file motions, a person typically must wait for the oral argument at the appellate level. They are at the mercy of the court as to when that is set. The court could enter a ruling immediately or take months for their ruling. Once a ruling is made, the losing side may decide to accept their loss or could choose to appeal to a higher court which restarts the process.

One factor that may shorten the amount of time an appeal takes is the level of complexity of the issue at hand. When someone appeals an issue, the court could decline to hear the issue, and force the individual to accept the lower court’s ruling. Sometimes, there is only so much complexity to an issue and there are not many motions or briefs involved. The lack of complexity and the decrease in motions or briefs may substantially reduce the time involved in the appeal process.

Contact a Dedicated Attorney About Appeals of Nursing Home Abuse Cases in Florida

Receiving more information about the process for appeals of Florida nursing home abuse cases could significantly help a person in deciding whether to file an appeal. If you would like to learn more about how an appeal could impact your case, call today and schedule an appointment with a compassionate nursing home abuse attorney. They could examine the aspects of your case and help advocate on your behalf.