Appellate Litigation & Consulting in Alabama

Precision Advocacy for Civil & Criminal Appeals in Alabama

Trial work and appellate work are two different disciplines. At trial, the focus is on facts, witnesses, and emotion. On appeal, the focus shifts entirely to the written record and the rigorous application of law.

I am William H. Burress. As an Alabama appeals attorney, I maintain an active appellate practice in Florence, Alabama, representing clients in the Alabama Court of Civil Appeals, the Alabama Court of Criminal Appeals, and the Supreme Court of Alabama.

Whether you are seeking to reverse an unjust verdict or protect a hard-won judgment, I provide the objective analysis and technical precision required to navigate the appellate system.

The Value of Appellate Counsel

Many trial lawyers are excellent in front of a jury but do not enjoy the distinct rigors of appellate briefing. Hiring a dedicated Alabama appeals attorney provides a strategic advantage.

• A Fresh Perspective: Trial lawyers live with a case for years and can become emotionally invested in every factual dispute. I bring a fresh, objective eye to the record, identifying the strongest legal arguments without the “baggage” of the trial.
• Issue Selection: The most common mistake in appeals is arguing too much. A “shotgun approach” dilutes the argument. I strategically select the strongest few issues that have a genuine chance of reversal.
• Procedural Precision: Alabama’s appellate courts enforce strict rules regarding formatting, word limits, and the preservation of error. A minor misstep, can result in dismissal. I ensure your filings meet every technical standard.

Civil Appeals: Challenging Final Judgments

The standard path to an appeal begins after a “Final Judgment” that resolves all claims against all parties. This process is governed by strict jurisdictional deadlines that cannot be extended.

• The 42-Day Rule: Generally, a Notice of Appeal must be filed within 42 days of the final judgment. Missing this deadline is fatal to the case.
• The “90-Day Trap”: After a trial, we often file post-judgment motions (under Rules 50, 52, 55, or 59) to correct errors immediately. If the trial judge does not rule on these motions within 90 days, they are deemed denied by operation of law. I monitor this timeline meticulously to ensure your rights are preserved when this automatic denial occurs.
• Rule 54(b) Certification: In complex litigation with multiple parties or claims, we can sometimes appeal a specific ruling before the entire case is over. This requires convincing the trial court to certify that there is “no just reason for delay.”
• Staying Execution: Filing an appeal does not automatically stop a plaintiff from collecting money from you. I assist clients in calculating and posting the required Supersedeas Bond to protect their assets while the appeal is pending.

Interlocutory Appeals: Emergency Relief

Sometimes, you cannot wait for the end of a trial to seek help from a higher court. If a trial judge makes a critical error regarding venue, discovery, or immunity, immediate intervention is necessary. A dedicated Alabama appeals attorney is often necessary to know when to push for an appeal while the lawsuit is still pending.

I handle petitions for “extraordinary writs” and permission to appeal mid-case:

• Petitions for Writ of Mandamus: This is an emergency remedy used when a trial court abuses its discretion. It is commonly used to protect privileged information in discovery, enforce arbitration agreements, or challenge improper venue transfers.
• Permissive Appeals (Rule 5): If a case turns on a “controlling question of law” where there is substantial ground for disagreement, we can petition the Supreme Court for permission to solve the legal issue immediately, potentially ending the litigation without a trial.
• Injunctive Relief: Orders granting or dissolving injunctions are appealable immediately. These appeals operate on a fast track (14 days) and require rapid briefing.

Specialized Appellate Areas

Administrative Agency Appeals

I handle judicial reviews of state agency decisions under the Alabama Administrative Procedure Act (AAPA). This is a strict two-step process involving filings with both the agency and the Circuit Court. For agencies outside the AAPA, I utilize Common-Law Certiorari to seek review.

Probate & Juvenile Appeals

• Probate: Will contests and estate settlements often bypass the Court of Civil Appeals and go directly to the Alabama Supreme Court.
• Juvenile: Cases involving dependency or termination of parental rights operate on a shortened 14-day appeal window and take precedence over other cases in the appellate system.

Criminal Appeals

I represent defendants in direct appeals challenging convictions and sentences in the Alabama Court of Criminal Appeals. My practice also includes reviewing denials of Rule 32 petitions (post-conviction relief) based on ineffective assistance of counsel or newly discovered evidence.

My Appellate Methodology

A successful appeal is built on preparation. When I take a case, I follow a structured methodology to maximize the chance of success.

1. Preservation Audit: Victory often turns on whether an objection was properly made at trial. I review the transcripts to ensure every argument we plan to make was preserved through specific objections or motions in limine.
2. Record Perfection: The appellate court is limited to the “record on appeal.” If a transcript is missing or a document was omitted by the clerk, I file motions to supplement the record to ensure the court sees the full picture.
3. Strategic Briefing: This is where the case is won. I craft a narrative Statement of Facts that is persuasive yet strictly accurate to the record. I tailor legal arguments to the specific Standard of Review—whether the court must defer to the trial judge (abuse of discretion) or review the law fresh (de novo).
4. Oral Argument: While rare in civil cases, if oral argument is granted, it is critical. I prepare by mooting the case and focusing on answering the court’s questions rather than reciting the brief.

Consulting & Referrals

Co-Counsel for Trial Teams I partner with other attorneys during the litigation phase to ensure the record is protected. I assist with drafting Motions for Judgment as a Matter of Law, reviewing jury instructions, and handling post-verdict motions to position the case for a successful appeal.

Amicus Curiae (“Friend of the Court”) I represent industry associations and trade groups who are not parties to a lawsuit but have a stake in the outcome. I draft “green cover” amicus briefs to explain the broader policy implications of a legal decision to the appellate court.

Appellate Case Review

Deadlines in appellate work are short and jurisdictional. If you have received an unfavorable judgment, or if you are a trial lawyer seeking to refer a complex appeal, contact my office immediately to speak to an Alabama Appeals attorney. You may also refer to my Blog post on appeals if you’d like more information.