If you received an unfavorable ruling in an Alabama trial court, the case may not be over. But an appeal is not a second trial. It is an entirely different proceeding with its own rules, its own strategy, and its own set of skills. The appellate courts in Alabama do not hear new testimony, consider new evidence, or empanel juries. They review the trial court’s record to determine whether legal errors occurred. Winning on appeal requires a different kind of legal analysis and writing than winning at trial.
Our Alabama appellate lawyer at Bachus, Brom & Taylor, LLC has handled civil and administrative appeals across Alabama’s appellate court system for over 20 years. We evaluate cases for appellate merit, draft briefs and petitions, and argue before Alabama’s appellate courts. Contact us if you need an appellate attorney in Alabama who understands how to win at this level.
Appellate work demands a particular combination of legal research ability, persuasive writing, and strategic thinking. Not every good trial lawyer makes a good appellate lawyer. The skills are different.
Bryan M. Taylor identifies appellate law as one of his primary practice areas, alongside civil litigation, political law, government contracting, and business law. Bryan has the analytical discipline that appellate advocacy requires, cultivated through his legal education at the University of Texas School of Law and years of practice in complex civil matters. He served as a former Alabama State Senator and held senior positions across three gubernatorial administrations, giving him a sophisticated understanding of Alabama government that informs his appellate work in administrative and regulatory cases. As an Iraq War veteran and Army JAG lawyer in the Alabama National Guard, Bryan earned the Bronze Star Medal and the American Bar Association’s Outstanding Young Military Lawyer Award.
Steven M. Brom practices administrative law and litigation, commercial litigation, and corporate governance. He earned his J.D. from the University of Colorado School of Law in 2001. Steven is admitted to the U.S. Court of Appeals for the Eleventh Circuit and the Supreme Court of the United States, in addition to the U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama and the Georgia State Bar. His appellate admissions reflect the breadth of his litigation practice and his ability to handle appeals at every level of the state and federal court systems.
Our firm has represented Alabama clients for over two decades.
Alabama has a three-tier appellate structure. The Alabama Court of Civil Appeals handles civil matters where the amount in controversy does not exceed $50,000, along with domestic relations appeals and administrative agency appeals. The Alabama Court of Criminal Appeals handles criminal matters. The Alabama Supreme Court has ultimate appellate authority over both courts and original jurisdiction in certain proceedings, including mandamus. Knowing which court hears your appeal, what standards of review apply, and how each court tends to approach certain issues is essential to effective appellate advocacy.
Appellate cases are won or lost on the quality of the briefing. Oral argument can make a difference, but the brief is the primary vehicle for persuasion. We invest significant time in developing appellate arguments that are grounded in the trial court record, supported by controlling authority, and presented clearly and persuasively. That same thoroughness characterizes our approach to commercial litigation and every other area of our practice.
⭐⭐⭐⭐⭐ “My experience with Steven was excellent. He was extremely knowledgeable about my business dispute case and very thorough in his work. He was also patient and understanding with my payment schedule. Thanks to him, we reached a fair and satisfying settlement that I’m very happy with. I highly recommend Steven to anyone looking for a trustworthy and skilled attorney!” – jwaller
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Our appellate practice covers civil, administrative, and business-related appeals across Alabama’s court system. These are some of the matters we handle most frequently.
Alabama’s appellate procedure is governed by the Alabama Rules of Appellate Procedure, which set forth the requirements for perfecting an appeal, filing briefs, and presenting cases to the appellate courts.
Under Rule 4, a notice of appeal must generally be filed within 42 days after the entry of the judgment or order appealed from. This deadline is jurisdictional. Missing it by even one day means the appellate court cannot hear the case. Certain statutes provide different appeal periods for specific types of cases, which makes knowing the correct deadline essential.
Only final judgments are generally appealable. Rule 54(b) of the Alabama Rules of Civil Procedure allows the trial court to certify a partial judgment as final for purposes of appeal in cases with multiple claims or parties. Interlocutory appeals are available in limited circumstances under Rule 5 of the Appellate Rules, but the appellant must show a controlling question of law with substantial grounds for disagreement.
The standard of review depends on the issue. Questions of law receive de novo review. Factual findings are reviewed under a deferential standard, generally requiring the appellant to show clear error. Discretionary rulings are reviewed for abuse of discretion.
The single most important step in appellate litigation usually happens at the trial court level. To raise an issue on appeal, you must have preserved it in the trial court by making a timely objection, filing a proper motion, or otherwise bringing the issue to the court’s attention. Failure to preserve an issue generally waives it on appeal. Our appellate attorneys evaluate the trial record to identify preserved issues and assess the strength of arguments based on those issues.
In Alabama appellate courts, the brief carries the case. It must present a clear statement of the issues, a recitation of the relevant facts supported by citations to the record, and a legal argument supported by authority. We write briefs that are focused, well-organized, and persuasive. Appellate judges read dozens of briefs each week. Making yours stand out requires precision and clarity, not volume. We approach appellate writing the same way we approach protecting business interests at trial, with careful preparation and strategic thinking.
Not every appeal includes oral argument. The appellate court may decide the case on the briefs alone. When oral argument is granted, it provides an opportunity to address the court’s specific concerns and respond to questions. We prepare thoroughly for oral argument, anticipating the court’s questions and developing concise, persuasive answers. The ability to think on your feet and respond directly to judicial inquiry is a skill that comes from years of appellate practice.
After the appellate court issues its opinion, either party may file an application for rehearing under Rule 40 of the Alabama Rules of Appellate Procedure. If the decision came from the Court of Civil Appeals, the losing party may petition the Supreme Court for certiorari review. These post-decision filings involve their own deadlines and requirements. We advise clients on whether further review is worthwhile and, when it is, we pursue it aggressively.
Not every unfavorable judgment should be appealed. Appeals cost money, take time, and the outcome is never guaranteed. We give clients honest assessments of their chances, including the likelihood of reversal and the cost of the process. Sometimes the best advice an appellate lawyer in Alabama can give is that the trial court got it right. We provide that candid evaluation because it serves our clients’ actual interests. The same honest assessment drives our approach to business dispute resolution at every level. The Alabama appellate courts also offer mediation for civil appeals, which can resolve disputes faster and at lower cost than full appellate litigation. We evaluate mediation as an option for every case.
An appeal requires a different approach than the trial that came before it. It requires an attorney who can analyze the record, identify the strongest legal arguments, and present them persuasively to the appellate court. Our attorneys at Bachus, Brom & Taylor, LLC have the appellate experience and the analytical ability to handle your case effectively.
Contact us to discuss whether an appeal is the right next step in your Alabama case.
In a national study of civil appeals decided on the merits, the U.S. Bureau of Justice Statistics found that appellate courts reversed or modified the trial court’s outcome in 35% of cases, with the average appeal taking fourteen months to resolve. Jury verdicts were overturned more often than bench rulings, and larger judgments drew closer review. Alabama’s appellate courts publish their own annual statistics across a three-tier system made up of the Supreme Court and two intermediate courts. For anyone weighing an appeal in AL, the point is plain: the trial court starts with the advantage, so the strength of the argument is what counts.
Choosing an appellate lawyer is its own decision, separate from who tried your case. The questions below help you judge whether an attorney fits your appeal before you commit.
No. An appeal reviews the trial court’s record for legal error. There are no new witnesses, no fresh evidence, and no jury. The appellate court asks whether the law was applied correctly, not whether it would have reached the same result.
Most civil appeals must be noticed within 42 days of the judgment. That clock is jurisdictional. Miss it, and the appellate court loses authority to hear the case, however strong the underlying arguments may be. A handful of case types carry different periods.
Fees track the issues and the size of the record. A focused appeal on one legal question costs less than a multi-issue appeal built on a long transcript. We give an estimate after reviewing the judgment and the record, and we explain the expenses involved up front.
That depends on two things: whether the issue was preserved below, and the standard of review that applies to it. Pure legal questions receive fresh review. Factual findings and discretionary calls are far harder to disturb. We give an honest assessment before you spend money.
It is the lens the appellate court applies to each issue. Legal questions are reviewed without deference to the trial judge. Factual findings stand unless clearly wrong. Discretionary rulings fall only on a showing of abused discretion. The applicable standard often decides the appeal.
Usually not. Alabama generally permits appeals only from final judgments. Narrow exceptions exist for certified partial judgments and certain interlocutory orders, but they require specific findings. We can tell you whether your order qualifies for early review.
Rarely. An issue not presented to the trial court is generally treated as waived. This is why the record matters so much, and why a capable appellate lawyer studies what was preserved before promising anything about the merits.
A reversal does not always end the dispute. The court may enter judgment outright, or it may return the case to the trial court for further proceedings consistent with its opinion. The remedy depends on the nature of the error the court found.
Almost any final civil judgment, from contract and property rulings to an election contest decided on a question of law. What matters is not whether the outcome felt wrong, but whether the trial court committed an error the appellate court can correct.
Yes. Appeals frequently follow commercial disputes, contract judgments, and rulings that touch government contracting or state contracting awards. The test is always whether a reversible legal error occurred somewhere in the proceedings below.
Yes. Matters that began in federal district court, including federal contracting disputes, can be appealed to the U.S. Court of Appeals for the Eleventh Circuit. Federal appellate practice has its own rules and rhythms, separate from the state system.
Sometimes. A sizable award can strain a company’s finances and complicate protecting business assets, so appellate relief is worth weighing. Even so, the decision should rest on the legal merits, not on the dollar figure alone.
Move promptly, because the clock is already running. Send us the judgment and the key trial filings, and we will identify your deadline and assess whether the record gives you a real basis for appeal.
Alabama uses a three-tier appellate system. The Court of Civil Appeals takes most civil matters within its jurisdiction, the Court of Criminal Appeals handles criminal cases, and the Supreme Court of Alabama sits above both and decides certain matters directly. Appeals from state agencies usually pass through circuit court before reaching these courts. Cases that started in federal court follow a separate route to the Eleventh Circuit. Knowing which court will hear your appeal, and the standard it will apply, shapes the strategy from the first filing.
A few state resources can help you understand the process, file documents, or find assistance. The list below is a place to begin.
The organizations above are listed to point you in the right direction. We have no affiliation with them, and a listing here is not an endorsement.
Bachus, Brom & Taylor, LLC represents clients in civil and administrative appeals across Alabama. Partner Steven M. Brom completed his undergraduate studies at the University of Georgia and concentrates on commercial litigation and administrative law. He practices alongside partner Bryan M. Taylor, a University of Alabama graduate, in matters before the state’s trial and appellate courts.
⭐⭐⭐⭐⭐ “Mr. Brom was incredibly knowledgeable and responsive throughout my entire case, always explaining complex legal issues in a clear way. I felt confident and well-represented throughout the entire process and would highly recommend him and his firm to anyone needing legal assistance. I would not hesitate to call Bachus, Brom & Taylor again for legal services.” – Geoffrey Dunan
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An appeal turns on issues that may not be obvious from the trial result, which is why a clear-eyed review of the record comes first. If you are weighing whether to challenge an Alabama ruling, our appellate attorneys can read the judgment, identify any legal error, and tell you honestly whether an appeal is worth pursuing, along with the likely fees and timeline. Because the appeal period is short, it helps to reach out soon after the decision. Contact us to talk through your options with an Alabama appellate lawyer.
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