Seeking advice on appealing a 3M earplug lawsuit dismissal in Florida

Question

I was involved in a 3M earplug lawsuit that the judge dismissed due to late submissions on our part, which affected many of us. We are looking to appeal the dismissal to seek justice. Could you advise on the steps we need to take for a successful appeal?

Barry W. Kaufman · Answer

There is only one step - retain an appellate attorney NOW. Appellate work is quite different than trial work and there is literally no room for error. Most attorneys do not handle appellate work for that very reason - it is much different than trial work and its a completely different skill set. An appellate attorney will be able to tell you what is needed, if you have time to appeal, etc. Be forewarned - appellate work is not inexpensive. The other step is to become intimately familiar with the Florida rules of appellate procedure (available online). This will be a time-consuming task - hire an attorney.

Tim Akpinar · Answer

I would emphasize the points made by my colleague. Consider a consult with an attorney sooner than later. Appeals usually involve short windows of time. Additionally, the grounds for appeal could be narrow (things like errors), so the insight of an experienced attorney could be valuable there, to determine if there is a viable basis to pursue an appeal (and whether it is worth the risk and expense). Good luck

James L. Arrasmith · Answer

If your case was dismissed due to late submissions, the first step is to carefully review the dismissal order to understand exactly what deadlines were missed and whether the court left room to reconsider. Sometimes, courts allow you to file a motion for reconsideration or relief from judgment, especially if you can show good cause for the delay—such as illness, confusion about deadlines, or breakdowns in communication. 
 
If the court is firm in its dismissal, the next step would be to file a notice of appeal within the allowed time frame—usually 30 days from the date of the order. You’ll need to prepare an appellate brief explaining why the dismissal was unjust or excessive, focusing on fairness, procedural rights, and any evidence that supports your diligence. It’s important to stay within the rules of appellate procedure, as the appeal process is strict and formal. 
 
Even though this feels overwhelming, you're not alone—many others affected by the same issue may be taking similar steps. If you’re part of a group, consider coordinating your efforts to share resources and information. Be persistent, stay organized, and keep records of every document and deadline moving forward. Appeals are tough, but not impossible, especially when you’re fighting for something that matters.

Q: Seeking advice on appealing a 3M earplug lawsuit dismissal in Florida