What are considered to be grounds in Florida Civil Appeals courts.

Asked over 1 year ago - Miami, FL

If the trial judge made no legal errors , and used his discretion to rule on the facts , dose the losing party have any other grounds for an appeal just because don't like the final order ?

Attorney answers (3)

  1. Radha Rothrock

    Contributor Level 11


    Lawyers agree

    Answered . The most common ground for a civil appeal in a situation such as this is to claim that there is no substantial competent evidence in the record to support the ruling. If the trial judge truly made no errors, you will lose the appeal.

  2. Clifford M. Miller


    Contributor Level 18


    Lawyer agrees

    Answered . As you have stated the issue, the answer is "No." But, your analysis of "no legal errors," is a conclusion, and may be in error. The evaluation of whether there were any legal errors is the very question one needs to decide before taking an appeal.
    Ask your lawyer for an analysis of whether there are any appellate issues.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  3. Joshua Sachs

    Contributor Level 19

    Answered . Even if the situation were as you describe (and I doubt very much that a case can go through a trial on the merits without arguable legal error in the record) there remains the matter of whether the factual findings of the court are against the manifest weight of the evidence. A party that wants to appeal can almost always find a basis on which to do so.

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