What Is Issue Preservation, and Why Is It Critical for Your Appeal?
An appeal is not a chance to start your case afresh or introduce new arguments. Appellate courts review what happened in the trial court to determine whether legal errors affected the outcome of the case. That’s why issue preservation at trial is essential. If an issue wasn’t properly preserved before the trial judge, Florida appellate courts won’t consider the argument. In this article, we discuss how issues are preserved and examples of issues you may preserve.
What Does It Mean To Preserve an Issue?
Issue preservation refers to the process of creating a record that allows an appellate court to review an alleged legal error. Essentially, before an appellate court reverses a decision, the trial court must first have had an opportunity to address and correct the issue. For example, if you believe certain evidence should not be admitted, your attorney must object to it promptly when it is introduced, not after the trial has ended.
What do Florida appellate courts require?
Florida follows strict preservation rules. To preserve an issue for appeal, the parties involved must:
- Object when the alleged error occurs
- State the specific legal grounds for the objection
- Obtain a clear ruling from the trial court
In some situations, an objection alone doesn’t fully preserve the issue. If an error first becomes apparent in the final judgment or order, it may need to be raised in a timely motion for rehearing before it can be argued on appeal. If this doesn’t happen, the issue may be considered waived.
The appellate court also relies on the trial record. If there is no transcript showing the objection, the arguments made, and the judge’s ruling, the appellate court may assume the trial court acted correctly.
What Will the Appellate Court Review?
During an appeal, the court looks beyond whether an objection was made. It also reviews the following:
- Is the issue presented on appeal the same as that which was raised before the trial judge?
- Were the correct legal grounds stated?
- Was the objection timely?
- Did the trial judge rule on the objection?
- Was the issue properly documented in the record?
In some cases, appellants may need to take additional steps. For instance, if testimony is excluded, an offer of proof may be required to show the appellate court what the excluded evidence would have demonstrated. Without this, the appellate court may have no way of determining whether excluding the evidence affected the outcome.
When Is Issue Preservation Necessary?
Some common examples where issue preservation may be necessary include:
- Objecting to evidentiary hearings
- Filing motions for rehearing
- Preserving the ruling on motions to dismiss or summary judgment
There is one limited exception under Florida law. Florida appellate courts may review fundamental error even if it was not preserved. However, in civil cases, this is often limited, as it applies only when an error affected the foundation of the case or deprived a party of due process.
Contact Us To Protect Your Right To Appeal
Preserving an issue happens long before you file an appeal. To ensure important issues are properly preserved, contact our Miami appellate lawyer at Valero Law today by calling 305-607-7011 as soon as possible. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
