Having practiced law in the state of Florida for over 35 years, Stanley A. Goldsmith Attorney at Law is well-versed in legal matters pertaining to estate planning and business law. Mr. Goldsmith is also highly knowledgeable on the subjects of civil, criminal and administrative appeals. If you are considering taking legal action in a matter pertaining to probate, estate administration, trust litigation, sole proprietorships/partnerships, entity formation, contracts/transactions or corporate maintenance — or if you simply have questions regarding the appeals process in the state of Florida — contact attorney Stanley A. Goldsmith today.
Business law in the state of Florida is extremely complex, which is why attorney Stanley A. Goldsmith has devoted more than 35 years to helping southwest Florida families and businesses with legal issues of all degrees of complexity. Whether you are considering forming a business entity, entering into a partnership or establishing a sole proprietorship, or if you simply have questions regarding professional Corporations, Limited Liability Companies, Partnerships, contracts/transactions and/or business disputes and corporate maintenance, Stanley A. Goldsmith Attorney at Law is well-equipped to help you secure the outcome you deserve.
Trust, Probate, and Estate Planning
It is never too early to begin preparing for your future, especially if you’d like that future to be as stress-free as possible for those you love most. With over 35 years’ experience litigating estate planning issues, Stanley A. Goldsmith Attorney at Law knows just what it takes to help you and your family create a plan tailored specifically to your needs.
If you are currently considering establishing a will, trust or health care advance directive — or if you simply have questions concerning probate, estate administration or trust preparation, interpretation, administration, or litigation, call attorney Stanley A. Goldsmith today.
Civil Appeals Process (How Do I Start?)
Simply defined, the party appealing a ruling is referred to as the appellant, while the other party is known as the appellee. The appeals process begins with the filing of a notice of appeal, after which the appellant must file a brief — i.e. a written document containing the appellant’s perspective of the facts and the legal argument(s) upon which they depend in seeking a reversal of the original ruling. Under Florida state law, the appellee then has a specified amount of time in which to file a brief in kind. The appellant may then file a second brief in response to the appellee’s brief. As you may expect, the appeals process is highly technical and requires careful legal attention.
The Role of the Trial Court
When considering an appeal related to a criminal offense, the appellate court reviewing the case considers only the proceedings of the lower court in which the original ruling was rendered. In other words, the appellate court does not consider any new evidence. The lower court’s official transcripts of everything discussed in court and anything else admitted into evidence (i.e. documents or physical objects) will also be taken into consideration.
The appellate court will examine the written briefs filed by each side of the appeal. The appellant’s brief will typically argue why the conviction or sentence was legally wrong. Conversely, the state will file its own brief demonstrating why the conviction or sentence should be upheld. The appellant will have an opportunity to file a second brief in response to the state’s position, and the appellate court may hear oral arguments from each side before issuing its decision.
Administrative Appeals Process
In layman’s terms, state agencies issue decisions in response to claims filed by Florida citizens. Common claims decided by state agencies include those pertaining to worker’s compensation, unemployment benefits and official identification cards (i.e. driver’s licenses). If for whatever reason you disagree with the ruling issued during the initial administrative hearing, you may appeal that decision within the relevant agency. Keep in mind that each agency may have slightly different procedures for appealing its rulings, and that if you disagree with the result of an administrative appeal you may then appeal the decision to the appropriate Florida appellate court.
Call Stanley A. Goldsmith Attorney at Law Today
Attorney Stanley A. Goldsmith has been representing southwest Florida families and businesses for over 35 years. Taking great pride in his ability to offer effective, personalized legal counsel, Stanley A. Goldsmith can assist you. If you are currently struggling with an issue pertaining to estate planning and/or business law, consult with a compassionate Sarasota attorney today.