Real Estate Appeals Lawyer Florida
When Florida real estate disputes go to court, the outcome can have major consequences—impacting ownership, property rights, investment returns, and even your home. If the trial court issued a ruling based on legal error, overlooked evidence, or misapplied law, you may be able to file an appeal. At Cruz Legal, P.A., attorney Marisol Cruz represents property owners, investors, homeowners, and association members in real estate appeals across all six Florida District Courts of Appeal. Whether you’re appealing a quiet title judgment, an HOA dispute, or a failed property transaction ruling, we help you protect your property rights through effective appellate advocacy.
Real estate law in Florida is complex, and appealing a court decision requires more than just disagreement with the result. It demands deep understanding of both trial procedure and appellate standards. Marisol Cruz brings a sharp legal mind and clear focus to every appeal she handles, helping clients correct judicial errors and defend favorable rulings that affect their property interests.
What Is a Real Estate Appeal?
A real estate appeal is a formal challenge of a trial court’s final decision in a property-related legal dispute. The appeal is not a second trial. Instead, the appellate court reviews the lower court’s record and written arguments to determine whether legal or procedural mistakes were made that justify changing or reversing the outcome.
Real estate cases often involve:
- Ownership disputes (e.g. quiet title actions)
- Purchase and sale agreement litigation
- Homeowners Association (HOA) and Condominium Association disputes
- Easement, boundary, and title issues
- Injunctive relief affecting land use or access
- Foreclosure defense rulings
We assist both appellants and appellees, delivering detailed legal review and strong written advocacy in property-related cases across Florida’s appellate courts.
When Can You File a Real Estate Appeal?
You can file an appeal when the court has entered a final judgment or an appealable non-final order, and you believe there was a mistake in the judge’s application of the law or procedure. Common appeal scenarios include:
- The court misinterpreted a deed, contract, or covenant
- The trial court excluded or ignored key evidence
- The final judgment lacks sufficient factual findings
- The court exceeded its jurisdiction or authority
- The ruling was inconsistent with Florida case law
Real estate appeals are especially important in cases involving property ownership or access because once rights are lost, they can be difficult to regain. Acting quickly is critical—appeals must typically be filed within 30 days of the final order.
Types of Real Estate Appeals We Handle
We represent clients in Florida real estate appeals involving:
- Quiet Title Actions – Disputes over who legally owns a property
- Contract Disputes – Including breach of purchase/sale agreements
- HOA and Condo Litigation – Appeals involving fines, violations, and restrictions
- Easements and Access Rights – Including contested boundary lines or usage
- Foreclosure Appeals – Defending against wrongful foreclosure rulings
- Injunctive Relief Orders – Appeals involving court-ordered restrictions on land use
Each of these matters can drastically impact property value, use, or your ability to sell. A successful appeal can restore your rights or prevent long-term damage to your investment.
The Florida Appellate Process for Real Estate Cases
All Florida real estate appeals begin by filing a Notice of Appeal within 30 days of the court’s final ruling. The process includes:
- Notice of Appeal – Officially notifies the court and other party you intend to appeal
- Record Assembly – Includes transcripts, exhibits, and filings from the trial court
- Appellate Briefs – Each side presents their legal arguments in writing
- Oral Argument (optional) – In some cases, the appellate court may hold a hearing
- Decision Issued – The court affirms, reverses, or remands the case
This process can take several months and is governed by strict procedural rules. Errors in brief formatting, deadlines, or citations can result in dismissal. Marisol Cruz ensures your appeal is handled correctly at every stage.
Defending a Real Estate Judgment on Appeal
If you won in the trial court and the opposing party is appealing, we can represent you in defending that outcome. This includes crafting a clear and well-supported answer brief, preparing for oral argument, and responding to motions filed during the appeal. Protecting your favorable judgment is just as important as overturning a bad one.
Frequently Asked Questions
- Can I appeal a quiet title judgment?
Yes. If the court incorrectly determined ownership or made procedural errors, a quiet title judgment can be appealed. - Is a real estate appeal a new trial?
No. Appeals are limited to reviewing what happened in the original trial. No new evidence or testimony is allowed. - How long do I have to file a real estate appeal?
You generally have 30 days from the date of the final judgment to file a Notice of Appeal in Florida. - Can I stop enforcement of the judgment during appeal?
You may request a stay of enforcement, but it may require posting a bond or meeting specific legal requirements. - Do you handle HOA and Condo appeals?
Yes. We handle appeals involving fines, violations, governance disputes, and other association matters. - What happens if I win the appeal?
The appellate court may reverse the decision, send it back for further proceedings, or issue its own instructions to the lower court. - Can I appeal a ruling involving injunctive relief?
Yes. If the court’s order was improperly granted or denied, it can be appealed based on the applicable legal standard. - What if I already sold the property?
Your ability to appeal may be limited, but in some cases, financial or equitable remedies may still be available. - How long does a real estate appeal take?
On average, Florida real estate appeals take 6–12 months, depending on the court’s docket and case complexity. - Do you take appeals statewide?
Yes. We handle real estate appeals in all six Florida District Courts of Appeal.
Appealing a Property Judgment? Get Focused Legal Help Now
When your real estate rights or investments are on the line, a court error can’t be left unchallenged. Whether you’re appealing a decision or protecting one that works in your favor, Cruz Legal, P.A. delivers clear, skilled representation across Florida’s appellate courts.
Contact us to schedule your consultation and get the legal insight needed to move forward with confidence.