In 2014, the last year for which data is available, Florida’s state courts received 27,305 incoming appellate cases. This put Florida second in the nation for the number of incoming appeals, behind only California. Nationwide, approximately one in five civil trials results in an appeal. These numbers illustrate that litigants must be mindful of the possibility their case could result in an appeal.
Preserving Error
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. “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.
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