Bradley Muhs authored an article published by the Daily Business Review on May 2, 2017 discussing the important considerations litigators must proactively take to prepare for the likely possibility that the case will result in an appeal. This is an important consideration for attorneys nationwide, but Florida litigators should be especially prepared since the state recently ranked second in the nation for total incoming appellate cases. “One of the most important things a litigant can do to prepare for the possibility of an appeal is to preserve error for appellate review,” Muhs explained. “’Preservation’” in the legal context stands for the proposition that the trial court should have an opportunity to address an issue raised before it prior to an appellate court’s review. Except in rare circumstances, an appellate court will not consider an issue that was not raised in the trial court.”
For more details on preserving error, especially in Florida, and other litigation considerations ahead of appeal, please see the full article.
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