Who determines the merits of an appeal?

In Florida, the court of appeals has the authority to review decisions made in the lower courts. This includes appeals which are argued by attorneys representing each side. Ultimately, it is the court of appeals that determines the merits of an appeal. The court of appeals is made up of three judges, each assigned to review the case and decide whether or not any errors were made by the lower court. Each judge reviews the written briefs filed by both parties and then hears oral arguments in the court room. After the court of appeals has heard all arguments, the judges then vote on the merits of the case and a majority vote will decide whether the decision of the lower court is upheld or reversed. The court of appeals examines whether the lower court made any errors in interpreting the law or applying the facts of the case. The judges must be impartial and given the facts and the law, decide whether the lower court was right or wrong. The court’s decision is binding and cannot be appealed to a higher court. The judges must review the facts and law to determine if the original decision was flawed. In deciding the merits of the appeal, the court considers the arguments that both parties present. The court must be satisfied that the lower court correctly applied the law to the facts of the case before a decision is made. If the court of appeals finds the lower court’s decision to be wrong, it can reverse that decision and direct the lower court to enter a new judgment.

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