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Helmsing Leach has an active appellate practice with attorneys admitted before appellate courts in Alabama, Mississippi, Louisiana, the United States Supreme Court, and the United States Courts of Appeal for the 5th Circuit and 11th Circuit. The firm’s expertise encompasses every facet of the law, so our teams can successfully manage any appeal.

Helmsing Leach appellate court attorneys have moderated and taught numerous seminars and published many articles on appellate practice. We are highly knowledgeable about appellate courts and procedure, and several of our attorneys are former judicial law clerks.

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What is Appellate Law?

Appellate law pertains to cases escalated to higher courts for review following rulings by lower courts. It involves examining whether lower court decisions adhered to legal principles and fairness. Appellate courts do not typically reevaluate evidence or hear new witnesses; instead, they scrutinize legal procedures and interpretations. Appeals may focus on errors in law application, constitutional violations, or procedural irregularities. 

Helmsing Leach’s appellate services offer comprehensive support to clients seeking to appeal or defend a trial court decision. We review cases for grounds of appeal and expertly present our clients’ cases to the appellate bench. Our firm is willing to assist trial counsel to whatever degree is desired, from a limited consulting role to the complete handling of any appeal. 

  • Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (obtained seminal ruling from the United States Supreme Court on key issue relating to the admissibility of expert testimony in federal courts)
  • Deposit Guaranty Nat. Bank. v. Roper, 445 U.S. 326 (1980) (obtained ruling from the United States Supreme Court on important class-action issue)
  • Ex parte Mobile Infirmary Association, 2018 WL 6583838 (Ala. S. Ct. December 14, 2018) (issuing writ of mandamus ordering trial court to vacate paragraph of protective order that allowed plaintiff’s counsel to share confidential information obtained in wrongful death action with other members of law firm)
  • McCants v. City of Mobile, 752 Fed. Appx. 744 (11th Cir. 2018) (affirming dismissal of §1983 action against city and police officials for alleged use of excessive force, and violation of substantive due process and equal protection)
  • Mitchell v. City of Mobile, 744 Fed. Appx. 687 (11th Cir. 2018) (affirming summary judgment for client in §1983 action for violation of alleged civil rights in use of deadly force)
  • Simpson v. Mobile Infirmary, Case Nos. 1160761 and 1160797 (Ala. S. Ct. August 10, 2018) (affirming trial court’s order granting judgment as a matter of law in favor of client and reversing jury verdict of $2,000,000 in medical malpractice action)
  • Ex Parte Mobile Infirmary Association, ____ So.3d _____, 2018 WL 2381977 (Ala. S. Ct. May 25, 2018) (significant decision protecting from discovery quality assurance materials and discovery of other acts or omissions in medical malpractice action)
  • Cleveland v. Mobile Infirmary, Case No. 1160322 (Feb. 17, 2018) (affirming defense verdict for client in medical malpractice action)
  • Rochester-Mobile, LLC v. C&S Wholesale Grocers, Inc., 239 So.3d 1139 (Ala. 2017)(obtaining reversal of judgment on the pleadings and remand with instructions to enter judgment in favor of firm’s client; in case of first impression, Supreme Court construes the term “lease,” in statute requiring recording of leases with terms longer than 20 years, as not including a sublease)
  • Ex parte Bio-Medical Applications of Alabama, Inc., 216 So. 3d 420 (Ala. 2016) (obtaining mandamus relief requiring summary judgment for client in wrongful death action as barred by statute of limitations)
  • Goldthrip v. Depuy Orthopaedics, Inc., 665 Fed. Appx. 808 (11th Cir. 2016) (affirming summary judgment granted in favor of client for alleged product liability on grounds action was barred by statute of limitations)
  • Moore v. Welch, 29 So.3d 185 (Ala. Civ. App. 2009) (obtained favorable ruling for clients in connection with employee’s claim against his co-workers relating to workplace safety)
  • Alfa Mut. Ins. Co. v. City of Mobile, 981 So.2d 371 (Ala. 2007) (obtained reversal in favor of insurer client in complex municipal tax matter)
  • Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004) (obtained reversal of $20,000,000 fraud verdict against oil company client)

State v. Armstrong, 779 So.2d 1211 (Ala. 2000) (obtained reversal in favor of State of Alabama on attorney fee issue in eminent domain action)

The Benefits of Hiring Appellate Court Attorneys

When you choose Helmsing Leach for your appellate practice needs in Alabama, you gain access to a team of skilled attorneys with a proven track record of success. Among the benefits provided by the appellate law firm are the following:

  • An Experienced Guide.
    An appellate advocate can give you comfort in navigating the unfamiliar waters of appellate procedure and avoid dismissals on procedural grounds.
  • A Fresh Perspective.
    An appellate advocate can identify appealable error in the record, identify and select the important legal issues to be raised on appeal, and provide a client with a fresh perspective on the merits of their case. 
  • A Well-Crafted Brief.
    An appellate advocate can craft, or assist in crafting, a concise, compelling brief designed to present the legal issues most likely to succeed on appeal and in a manner most likely to persuade the appellate advocate’s unique audience: an appellate bench.
  • Persuasive Oral Argument.
    An appellate advocate can effectively use the 15 to 30 minutes afforded to a client at any oral argument, communicate the essence of the appeal, and answer with confidence any questions from the bench.
  • Adequate Preservation of Error.
    An appellate advocate can ensure that you have preserved any error for review on appeal and help you establish the best record for a successful appellate result, by assistance at the trial court level in preparing or reviewing pre-trial or post-trial dispositive motions, jury charges, trial briefs, or other written materials.
  • A Solid Advocate.
    In short, an appellate advocate, with a mastery of the law applicable to your case, can creatively apply that law to the facts of a case, effectively expose the fallacies of an opponent’s legal arguments, and finally persuade an appellate court that the law, correctly applied, dictates a result in our client’s favor.

Consult with The Best Appellate Attorneys in Alabama

An attorney with experience in appellate practice is crucial for achieving the best possible outcome. Appellate proceedings require specialized knowledge of appellate rules, procedures, and strategies. The appellate court attorneys at Helmsing Leach possess the expertise to identify errors, argue legal issues, and advocate for our clients’ interests effectively. We provide the guidance and advocacy necessary to navigate the appellate process and advocate vigorously on behalf of our clients.

Whether challenging a trial court decision or defending against an appeal, we pursue the most favorable outcome with determination and skill.

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Question & Answer

For most types of judgment, you have 42 days from the date the judgment is entered. This is for a state court judgment. In federal court, the general rule is 30 days after entry of the judgment. The judgment usually must be final in order to be appealed. For a judgment to be final, there must be a resolution of all claims brought by all parties in the action. There are exceptions to the 42-day rule. Some kinds of judgment must be appealed within two weeks, including any order relating to an injunction and, even though that order does not resolve all of the claims by all of the parties, i.e., it is interlocutory. Some kinds of post-trial motions, if filed timely, will postpone the time in which to appeal a final judgment. The rules are complex, and an appellate court attorney should be consulted as soon as an order or judgment is entered from which an appeal is desired to be taken.

When a judgment is appealed to an appellate court, there is no new trial. There is no additional evidence that can be added. The appellate court reviews the judgment of the trial court based on the record of the proceedings prepared by the clerk of the court. This record includes any written pleadings and motions filed with the court and, if relevant, a transcript of the proceedings at trial or other hearing. Usually, the appellate court renders a decision based on the parties’ written briefs filed with that court. Occasionally, the court will order oral argument by the parties. If the appellate court determines that some legal error has been made in the trial court below, and concludes that the error was not harmless, it will reverse the judgment and remand the case for further proceedings including a new trial if a trial has already occurred, or may direct a judgment to be entered in favor of the appellant.
The rules of appellate procedure permit the appellant to post a bond equal to either 125% or 150% of the judgment (depending on how large the judgment is). The posting of that bond will automatically stay any execution on the judgment pending the appeal. If the judgment is affirmed, and you or your company do not pay the judgment, the bonding company is required to pay the judgment and can then get reimbursed by you for that payment.
The kinds of errors reviewable on appeal are numerous, even countless in their nature. The most common issue addressed on appeal is a challenge to a trial court’s entry of a judgment against a party as a matter of law, without a trial. This happens when the trial court concludes that there is no factual issue for a jury to resolve and that the law is clear as to who should prevail under the undisputed facts. Certain kinds of errors made by the court during a trial can also be reviewed on appeal, such as errors in submitting claims to the jury for which insufficient evidence was introduced at trial; errors in the admission or exclusion of evidence at trial; or errors in the giving of improper jury instructions as well as errors in not instructing the jury as requested by the appellant. Punitive damages awards can be scrutinized on appeal for excessiveness.

If you are the appellant, your attorney must extensively review the record on appeal, undertake legal research on the issues involved, and prepare an initial brief as well as a reply brief after the appellee has filed a brief. If you are the appellee, your attorney undertakes the same tasks but only files one brief in response to the appellant’s opening brief.

Yes. Sometimes non-final decisions can be reviewed on appeal if they are certified by the trial court as involving a controlling question of law as to which there is a substantial ground for difference of opinion and where an immediate appeal from the order would materially advance the ultimate termination of the litigation and would avoid protracted and expensive litigation. This is called a permissive appeal. The appellate court has the discretion to either accept or reject the petition for permissive review. Certain kinds of non-final decisions can also be immediately reviewed on a petition for mandamus. These generally involve decisions by the trial court that are so immediate in their harmful consequences that a review on appeal from a final judgment would not be an adequate remedy. Examples are orders requiring a party to produce documents that are privileged, such as attorney/client communications. We recommend consulting with a reputable appellate law firm to determine whether a particular decision is likely to be reviewed by the appellate court on a mandamus petition. Such review is discretionary with the appellate court.

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