Tel: (770) 628-0199
Fax: (727) 362-4794
"Litigation and dispute resolution for business and individuals since 1970."
 

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--PRACTICE AREAS--
  Internet Libel
  Personal Injury
  Wrongful Death
  Hearings Before Governmental Agencies
  Business Litigation
  Professional Negligence
  Tax Shelter Fraud and Negligence
  Civil Appeals, State and Federal
  Real Estate Litigation
  Civil RICO
  Military Law
  Federal Civil Litigation
  Social Security Disability

-- ADMITTED TO--
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for Northern District and Middle District of Georgia
  • U.S. Court of Military Appeals, now known as U.S. Court of Appeals for the Armed Forces
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • All Georgia Superior and State Courts

Civil Appeals, State and Federal
This office handles appeals in all types of civil and administrative matters.  These involve cases that are going to the Georgia Court of Appeals and Georgia Supreme Court, as well as United States Court of Appeals for the Eleventh Circuit and on petition for certiorari to the United States Supreme Court. 
In addition to handling dozens of state and federal appeals in both civil cases and administrative proceedings, Myles Eastwood is an author of legal treatises in this area, including Federal Appellate Practice in the Eleventh Circuit and Volume 3, Georgia Litigation: Forms and Analysis, which has multiple chapters on Georgia appeals.
View our extensive list of published cases. click here
Frequently Asked Questions

Q: When do I need to contact a lawyer about handling an appeal for me?
A: As soon as possible. The time to file an appeal in a civil case in Georgia is thirty days from entry of judgment. In the Federal system it is thirty days unless the Federal Government is involved, in which case it is sixty days. This is a very short amount of time to decide if you want to appeal or to hire a lawyer to defend the other side’s appeal.

Q: What does a lawyer filing an appeal have to do?
A: The appellate lawyer has to make sure the transcript is typed up and filed with a clerk at the trial court, because it is an essential part of the Record on Appeal that will be sent to the appellate court. The appellate lawyer also has to review all of the pleadings, motions, briefs, and other papers filed in the trial court. After this, the appellate lawyer can begin to draft his or her brief to file with the appellate court.

Q: How long does it take to get an appeal before the appellate court?
A: Once the record on appeal is prepared, the case will be docketed in the appellate court and the appellant typically will have forty-five days to file his or her brief and other required papers.

Q: When will I know about the oral argument in my case?
A: In both the Georgia and Federal Courts, it is the court that decides whether there will be an oral argument. The parties can ask for an oral argument, but the court has to decide whether it wishes to hear oral arguments and if so it will set the case on its calendar for arguments.

Q: When will I get a decision in my case?
A: The Georgia Courts have what is called a two term rule, requiring the case to be decided before two full terms of court have expired. There are four terms of court in a year and so it should not take more than a half year, at most, to get a decision. The Federal appeals do not have this time restriction and the time could be as short as a month after the briefs are submitted if the appellate court thinks the decision is straight forward or as long as a year. It is up to the judges on the three judge panel (state or federal) to decide how long it takes to decide the case.

Q: How is my attorney fee determined?
A: An appeal is handled either as a flat fee, or on an hourly rate basis, plus reimbursement of expenses of litigation and cost. This is determined after consultation with the lawyer in the office.

 

Contact us so that we may help you with your State or Federal Civil Appeal.

 
State Bar of Georgia The American Bar Association The United States Naval Institute Greater North Fulton Chamber of Commerce John's Creek Chamber of Commerce Eleventh Circuit Historical Society Sandy Springs/Perimeter Chamber of Commerce Sandy Springs Bar Association Georgia Trial Lawyers Association The Atlanta Bar Association The Cobb County Bar Association Federal Circuit Bar Association Kiwanis Club of Northside Atlanta United States Navy Association of the United States Navy The Buckhead Business Association Federal Bar Association