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Appellate

Often litigation matters involve appeals of trial court orders. Berger Singerman has extensive state and Federal court appellate litigation experience, including bankruptcy-related appellate litigation experience. Berger Singerman is available to assist or handle appellate litigation from start to finish, including working with trial counsel to identify the issues on appeal, designating the record on appeal, prosecuting and defending appellate motions, researching and drafting appellate briefs and presenting oral argument.

Our Appellate Practice Group often works closely with members of the Business Reorganization Team and the Dispute Resolution Team to provide comprehensive legal services to our clients.

Berger Singerman has successfully represented clients in several high profile appellate cases involving issues of first impression before the Supreme Court of Florida, Florida's District Courts of Appeal and United States Court of Appeals for the Eleventh Circuit. Some of our reported decisions listed below.

Appellate practitioners at Berger Singerman have published several appellate-related articles including the following:

  • The Federal Lawyer, The Little Doctrine That (Almost) Could: The Supreme Court Clarifies the Narrow Scope of the Rooker-Feldman Doctrine, January, 2006;
  • The Record, (which is the quarterly publication of the Appellate Section of The Florida Bar) Are Remand Orders by District Courts to Bankruptcy Courts in the Eleventh Circuit "Final" Orders for Purposes of Appeal?, Winter, 2005;
  • The Record, Extraordinary Writs of Certiorari and Mandamus: Standards in Review, Fall, 2004; 
  • The Record, Preservation in Federal Appeals: Untangling the Web, Spring, 2004;
  • American Bankruptcy Institute Journal, Is a Bankruptcy Court Bound by a Decision of a Single District Court Judge in a Multi-Judge District?, July/August, 2003;
  • The Record, Federal Standards of Review for Appeals in the Eleventh Circuit, Spring, 2003;
  • The Record, Standing in Bankruptcy Appeals Refined, Fall, 2002;
  • The Record, The Collateral Order Doctrine, Spring, 2002;
  • The Record, Practicing in the Eleventh Circuit Court of Appeals: Avoiding Common Pitfalls, Fall, 2001.

Berger Singerman's Appellate Practice Group has had several reported decisions, in state and Federal Court, including the following recent decisions:

  • In re Westwood Community Two Ass'n, 2006 WL 940647 (11th Cir. April 12, 2006);
  • Lawrence v. Goldberg, 153 Fed. Appx. 552, 2005 WL 2269802 (11th Cir. Sept. 19, 2005);
  • In re Piper Aircraft Corp., 362 F.3d 736 (11th Cir. 2004);
  • Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 344 F.3d 1294 (11th Cir. 2003);
  • In re Bateman, 331 F.3d 821 (11th Cir. 2003);
  • In re Worldwide Web Systems, Inc., 328 F.3d 1291 (11th Cir. 2003);
  • In re Martinez, 311 F.3d 1272 (11th Cir. 2002);
  • In re Westwood Community Two Ass'n, Inc., 293 F.3d 1332 (11th Cir. 2002);
  • In re Lawrence, 279 F.3d 1294 (11th Cir. 2002);
  • Cortez v. AT&T Corp., 95 F.3d 58 (11th Cir. 1996);
  • U.S. Jet Sales v. Republic of Panama, 70 F.3d 125 (11th Cir. 1995);
  • Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005) (amicus curiae);
  • NAACP, Inc. v. Florida Board of Regents, 863 So. 2d 294 (Fla. 2003);
  • AT&T Corp. v. Sigala, 274 Ga. 137 (Ga. 2001);
  • Albert Gore, Jr. and Joseph I. Lieberman v. Katherine Harris, et al., 772 So. 2d 1243 (Fla. 2000), certiorari and stay granted Bush v. Gore, 531 U.S. 1046 (2000), reversed and remanded Bush v. Gore, 531 US 98 (2000), on remand Gore v. Harris, 773 So. 2d 524 (Fla. 2000);
  • Woodson v. Martin, 685 So. 2d 1240 (Fla. 1996) (amicus curiae);
  • Kinney System, Inc. v. The Continental Ins. Co., 674 So. 2d 86 (Fla. 1996) (amicus curiae);
  • Jenne v. Church & Tower, Inc., 814 So. 2d 522 (Fla. 4th DCA 2002);
  • USA Prescription, Inc. v. Celestial Group, Inc., 817 So. 2d 1005 (Fla. 4th DCA 2002);
  • Fisk v. Relsolelo, 317 Ill. App. 3d 798 (Ill. 1st Dist. 2000), rev'd, 198 Ill.2d 142 (Ill. 2001);
  • Lennar Homes, Inc. v. Harris, 737 So. 2d 1090 (Fla. 2d DCA 1999);
  • ProSource Servs. Corp. v. Thomas Group, Inc., 687 So. 2d 1997 (Fla. 3d DCA 1997).