Appellate

At Hamilton, Miller & Birthisel, we understand that a trial level outcome does not always conclude litigation. Our appellate practice group lawyers regularly are asked to represent clients on appeal after a lower court has entered an adverse ruling or to uphold a favorable decision.

Our appellate lawyers appear regularly in the federal appellate courts across the nation and Florida state appellate courts; our appellate experience spans all areas of our litigation practice. In addition, our appellate lawyers litigate legal issues in trial courts, functioning as members of a fully integrated trial team. Members of our appellate team also analyze legal issues of importance to clients before they arise in litigation.

More About Our Experience in this Area

Matters Before the U.S. Supreme Court

HM&B represented the City of Riviera Beach in The City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, et al., No. 11 -626 – A case in which the Court will clarify what types of structures qualify as vessels, a question that goes back to the early days of the republic.

Recent Matters Before the Eleventh Circuit Court of Appeals

Hybrid Pharma, LLC v. Matthew Knispel, Mark Whitten & Robert DiFiore, Case No. 24-13095 (In the United States Court of Appeal for the Eleventh Circuit – June 2025)
Hernandez v. Sam’s East, Inc., Case No. 21-13039 (11th Cir. Oct. 28, 2022)
Chabad Chayil, Inc. v. The School Board of Miami-Dade County, Florida and Miami-Dade County, Florida Office of Inspector General, Case No. 12-10619 (In the US Court of Appeals for the 11th Circuit)
Fuentes v. Classica Cruise Operator Ltd., 32 F.4th 1311 (11th Cir. 2022)
Taylor v. Royal Caribbean Cruises, Ltd., No. 20-14754, 2021 U.S. App. LEXIS 23650 (11th Cir. Aug. 10, 2021)
Cheruvoth v. SeaDream Yacht Club Inc., No. 20-14450, 2021 U.S. App. LEXIS 30029 (11th Cir. Oct. 6, 2021)
Adams v. Paradise Cruise Line Operator, Ltd., 847 F. App’x 556 (11th Cir. 2021)
Palavicini v. Wal-Mart Stores E., LP, 787 F. App’x 1007 (11th Cir. 2019)
Berbridge v. Sam’s E., Inc., 728 F. App’x 929 (11th Cir. 2018)
Ceithaml v. Celebrity Cruises, Inc., 739 F. App’x 546 (11th Cir. 2018)

Recent Matters Before Florida’s Appellate Courts

Marshall Milton Corp v. Marc Andre Petit-Homme, Third District Court of Appeal Case No 3D24-762 (Miami-Dade County Case No. 23-11741-CA-01)
Dodaj v. Marriott Hotel Holdings, LP, et al., No. 1D 21-3721 (Fla. 1st DCA Nov. 23, 2022)
Mitchell v. Ginley Lawn Serv. & Landscaping, Inc., et. al., No. 3D21-0779 (Fla. 3d DCA Nov. 23, 2022)
Mendelson v. Howard, No. 4D21-1552, 2022 Fla. App. LEXIS 7258 (4th DCA Oct. 26, 2022)
Velazquez v. Rodriguez, 322 So. 3d 1122 (Fla. 2d DCA 2021)
Benedict v. Comcast of Colo./Florida/Michigan/New Mexico/Pennsylvania/Washington, LLC, 304 So. 3d 770 (Fla. 2d DCA 2020)
Liberty Int’l Underwriters v. Frisky Lady Ventures, LLC, 237 So. 3d 404 (Fla. 4th DCA 2018)
Acquaviva Ltd. v. Versa Cap. Mgmt., LLC, 246 So. 3d 338 (Fla. 3d DCA 2018)