WHAT IS AN APPELLATE OPINION?

Trial judges are called upon to make a legal ruling on the admissibility of evidence or points of law during litigation.

When the case reaches a point where an appeal can be taken to a higher court (usually after a jury verdict), the party the judge ruled against may decide to appeal the judge’s ruling or appeal an adverse jury verdict which he or she believes is contrary to the law or the greater weight of the evidence.

A typewritten transcript of the trial or hearing where the allegedly erroneous ruling was made is sent to the appellate court along with an appellate brief (about 30 pages) in which the attorneys carefully cite the facts and the law upon which they are relying in their attempt to convince the appellate court to reverse the lower court judge’s decision or to reverse the jury’s verdict.

Only a small percentage of the cases appealed are reversed by the appellate courts; however, when a majority of three appellate judges decide to reverse or to reaffirm the lower court order being appealed, they will write an appellate opinion which is published in law reporters and becomes the law upon which trial courts and other appellate courts in that jurisdiction will rely when that legal point arises in future cases. When the Florida Supreme Court writes an opinion, the law that court announces becomes the law which all courts in the state are obliged to follow.

Appellate Cases Handled by Jack Nichols

• Craft v. Genao (2011)
• Etheredge v. Walt Disney World Co. (2009)
• Chaney v. Cute (2007)
• Walker v. Michael and City of Orlando (2009)
• Walker v. Michael and City of Orlando (2007)
• The Prudential Insurance Company Sales Practice Litigation (2006 and 2007)
• Crespo v. Woodland Lakes Creative Retirement Concepts, Inc. (2003)
• Hack v. Estate of Dorothy Helling (2002)
• Wiggins v. Estate of April Wright (2001)
• McLeod v. Barker and The Prudential Ins. Co. (2000)
• Pelton v. City of Ocoee (1996)
• Orlando Regional Medical Center, Inc. v. Chmielewski (1991)
• Wescott v. Amerifirst Fed Savings & Loan Assn. (1990)
• Williams Heating & Air Conditioning Co. V. Williams (1989)
• Cantor v. Toyota Motor Sales, Inc. (1989)
• Gibbs v. H. J. Heing, Co. (1988)
• Hopps v. Smith (1988)
• Wescott v. Wescott (1986)
• McGuiston v. K-Mart (1986)
• Burns v. Three of a Kind, Inc. (1983)
• Bradley v. Gay (1983)
• LaFeiney v. Scott Smith Oldsmobile, Inc. (1982)
• Rommell v. Firestone Tire & Rubber Co. (1981)
• Kirchman v. Kirchman (1980)
• Florida Power Corp. v. Advance Mobile Homes, Inc. (1980)
• Stinebroker Adoption (1980)
• Marion v. Cissell (1979)
• Florida Power Corp. V. Scudder (1977)
• Christana v. White (1977)
• Preston v. Preston (1976)
• Southward v. Boordl (1975)
• Friddle v. Seaboard Coastline Railroad (1974)
• Grant v. Red Lobster Inns of Am., Inc. (1974)
• Seaboard Coastline Railroad v. Friddle (1974)
• Correria v. Orlando Bank & Trust Co. (1970)
• Jezek v. Vordemaier (1969)