Puerto Rico Energy Law Firm

Appellate Practice

Strategic appellate representation before Puerto Rico and federal courts
No firm in Puerto Rico has a stronger appellate and constitutional team.
Former Puerto Rico Supreme Court Justice on our team
Two former Solicitor General attorneys who handled the Commonwealth's most significant appeals
Former judicial clerks to appellate and Supreme Court judges
Presence in both Puerto Rico and Federal Court from our San Juan and Washington D.C. offices
CONSULTING

Overview

Appeals require a different set of skills than trial work. The issues have been framed, the record is fixed, and success depends on identifying the legal arguments most likely to persuade appellate judges—and presenting them with precision, clarity, and an understanding that not every judge thinks the same way.


Maceira Zayas maintains a dedicated appellate practice handling appeals, certiorari petitions, and extraordinary writs before the Puerto Rico Court of Appeals, the Puerto Rico Supreme Court, the United States Court of Appeals for the First Circuit, and other federal appellate courts.



Our appellate team includes a former Associate Justice of the Puerto Rico Supreme Court, attorneys who served in the Office of the Solicitor General—the office responsible for representing the Commonwealth in its most important appellate matters—and former judicial clerks who understand how judges evaluate cases from the inside. This combination of judicial perspective and appellate advocacy experience is unmatched in Puerto Rico.



We handle appeals arising from commercial litigation, administrative proceedings, government contracts disputes, regulatory matters, constitutional challenges, and other complex civil cases. We also provide appellate consultation to trial counsel—helping shape the record, preserve issues, and develop appellate strategy from the outset of litigation.

CONSULTING

Our Approach

Effective appellate advocacy begins with case assessment. Not every adverse ruling warrants an appeal, and not every appealable issue offers a realistic path to reversal. We provide clients with candid evaluation of appellate prospects, focusing resources on matters where appellate intervention can change outcomes.

When we take an appeal, our process includes:
Record Analysis:
We conduct comprehensive review of the trial court record to identify preserved issues, evaluate the factual and procedural posture, and determine the strongest grounds for appeal.
Issue Selection
Appellate courts are more receptive to focused arguments than exhaustive ones. We prioritize the issues most likely to result in reversal or modification, while preserving secondary arguments as appropriate.
Brief Writing
Our briefs are designed for the human beings who will evaluate them. We present complex legal issues clearly, lead with our strongest arguments, support positions with thorough citation to controlling authority, and tailor our presentation to the specific court and judges assigned to the matter.
Oral Argument
When the court grants oral argument, we prepare rigorously—
anticipating questions, developing responses, and presenting arguments that
complement rather than repeat our written submissions.
When we defend a favorable ruling on appeal, our process includes:
Vulnerability Assessment
We identify the weakest points in the lower court's reasoning and the arguments most likely to resonate with the appellate panel, allowing
us to address them head-on.
Record Reinforcement
We ensure the appellate court sees the full factual record
supporting the judgment, highlighting findings and evidence that anchor the lower court's decision.
Standard of Review
We frame the issues to maximize deference to the lower court's findings and discretion, emphasizing the appellant's burden to demonstrate reversible
error.
Responsive Briefing
We craft opposition briefs that not only defend the judgment but affirmatively demonstrate why the lower court got it right, giving the appellate court confidence to affirm.
CONSULTING

Representative Matters

The following are select highlights from our appellate practice:

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

De la Fuente-Díaz v. González-Colón, No. 25-1638 
(1st Cir. - Pending)

We represent the Senate of Puerto Rico as amicus curiae in this constitutional case. The Government appealed a District Court decision that found Puerto Rico's birth certificate policy violated the Equal Protection Clause by not permitting a gender marker other than male or female. Our amicus brief argues that the binary format does not create a constitutionally prohibited classification, that no fundamental right exists to require a third sex marker onofficial documents, and that the appropriate standard is rational basis review. We are joined by amici from 20 states and the Arizona Legislature supporting reversal.

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

Banco San Juan Internacional v. Federal Reserve Bank of New York, No. 25-1144
(2d Cir. - Case Heard)

Constitutional case regarding alleged discrimination by the Federal Reserve Bank against international financial institutions physically located in Puerto Rico. The case addresses fundamental questions of what rights are reserved to states versus the federal government in matters of oversight and policy. We represent the Senate of Puerto Rico as amicus curiae on behalf of the plaintiffs.

Puerto Rico Supreme Court

Puerto Rico Supreme Court

Novum v. Genera PR (2026)

Genera PR faced a challenge to a fuel contract for power
generation. After the Court of Appeals ruled against Genera and paralyzed the contracting process, we joined the legal representation before the Supreme Court. The Supreme Court revoked the lower court's determination that had paralyzed the contract, allowing Genera to secure the fuel needed to keep power running in Puerto Rico.

Brutal v. COPEP (2025)

We represented the plaintiff from the Court of First Instance
through the Supreme Court in a case involving freedom of association in the entertainment industry. The plaintiff prevailed at trial, and the judgment was confirmed by both the Court of Appeals and the Supreme Court.

RIOP Corporation v. González Laabes (2024)

The Puerto Rico Supreme Court granted certiorari and ruled in favor of our client in this commercial transactions and
private lending dispute. The Court fully reinstated the Court of First Instance judgment after the Court of Appeals had modified it, reinforcing the pacta sunt servanda principle
and the enforceability of contractual agreements under Puerto Rico law.

Asociación de Industriales v. Fondo del Seguro del Estado (2026 - Pending)

In this class action suit claiming that workers' compensation insurance premiums have been charged in excess for years, the lower court dismissed without hearing the case, and the Court of Appeals confirmed. We were engaged to petition the Supreme Court. The Supreme Court granted certiorari; the matter is currently pending.

Puerto Rico Court of Appeals

Puerto Rico Court of Appeals

Tix.by (Ticketera) v. Roberto Sueiro, COPEP (2026)

We successfully represented the
plaintiff before the Court of Appeals to stay an order requiring production of what the
client considers private contractual information.
Practice Areas
Regulatory & Administrative Counsel
The Court of Appeals serves as Puerto Rico's intermediate appellate court, reviewing
decisions from the Court of First Instance and certain administrative agencies. We
handle:
Direct appeals from civil judgments
Interlocutory appeals
Petitions for judicial review of administrative agency decisions
Extraordinary writs (certiorari, mandamus, prohibition)
Appeals in government contracts and procurement disputes
Commercial and business litigation appeals
Puerto Rico Supreme Court
The Supreme Court exercises discretionary review through the certiorari process,
selecting cases that present important legal questions or require correction of lower
court errors. We handle:
Petitions for certiorari seeking Supreme Court review
Opposition to certiorari petitions filed by adverse parties
Constitutional challenges and questions of first importance
Matters of significant public interest
Conflicts between Court of Appeals decisions
Having a former Supreme Court Justice on our team provides unique insight into how the Court evaluates petitions, considers arguments, and reaches decisions.
Federal Appellate Courts
For matters arising under federal law or involving federal court litigation, we handle
appeals before:
United States Court of Appeals for the First Circuit
Other federal circuit courts as matters require
Appeals from the U.S. District Court for the District of Puerto Rico
Federal administrative appeals
Our Washington D.C. office supports federal appellate work requiring presence in
federal courts and agencies outside Puerto Rico.
Constitutional Litigation
We handle constitutional challenges and matters of first impression in both Puerto Rico
and federal courts, including:
Equal protection and due process claims
Separation of powers disputes
Federalism and state sovereignty questions
First Amendment matters including freedom of association
Constitutional challenges to agency action
Amicus curiae briefs in cases of institutional or public importance
Administrative Appeals
Many disputes with government agencies proceed through administrative adjudication
before reaching the courts. We handle:
Appeals from agency final orders to the Puerto Rico Court of Appeals
Judicial review of administrative agency decisions
Challenges to agency rulemaking and regulatory interpretations
Administrative appeals in licensing, permitting, and enforcement matters
DACO (Department of Consumer Affairs) appeals
Environmental and land use administrative appeals
Appellate Consultation
Trial outcomes often depend on decisions made long before appeal. We provide
appellate consultation to trial counsel and clients, including:
Pre-trial assessment of potential appellate issues
Preservation strategy to protect issues for appeal
Motion practice designed to create appellate record
Post-trial motion strategy (JNOV, new trial, reconsideration)
Evaluation of settlement versus appeal
Amicus curiae briefs in cases affecting client interests
Appellate Process in Puerto Rico
Court of Appeals
Appeals from the Court of First Instance are generally filed within 30 days of the judgment or order being appealed. The Court of Appeals reviews for legal error, giving deference to factual findings supported by the record. Decisions are typically rendered by three-judge panels.
Supreme Court
Review is discretionary through the certiorari process. A petition must
demonstrate that the case presents important legal questions warranting Supreme Court attention—mere disagreement with the lower court ruling is insufficient. The Court grants certiorari in a small percentage of petitions filed.
Extraordinary Writs
In limited circumstances, parties may seek immediate appellate review through writs of certiorari, mandamus, or prohibition without waiting for final judgment. These remedies are reserved for situations involving clear legal error, jurisdictional questions, or irreparable harm.
Federal Appeals
Appeals from the U.S. District Court for the District of Puerto Rico proceed to the First Circuit Court of Appeals in Boston. Federal procedure governs these matters, with different deadlines and requirements than Puerto Rico courts.
CONSULT
When to Contact Appellate Counsel
Trial court rulings create potential appellate issues
Key motions are denied and issues need
preservation
Jury instructions or verdict forms require appellate input
Post-trial motions are being considered
Agency proceedings may result in judicial review
An adverse judgment has been entered
You have received notice of an appeal by the opposing party
You are considering whether an appeal is worthwhile
OUr PARTNERS
CONSULT

Partner with MZLS

MZLS provides full legal guidance to ensure a smooth transition to Puerto Rico while maximizing your tax benefits.
2026 Congressional Calendar
The 2026 Congressional Calendar was officially released! Access the combined House and Senate schedules now — downloadable files with full-year and monthly below.