Judges are human and they make occasionally make mistakes. The remedy is an appeal.
Usually one or both parties are unhappy with the result of a trial. Appeals are expensive and the appellate courts are hesitant to overturn the rulings of the trial court unless there is a misapplication of the law or an abuse of discretion. Therefore, not every seemingly bad result is appropriate for an appeal. Unhappy litigants should seek the advice of an experienced appellate attorney to assess the likelihood of success on appeal.
Appellate courts are unforgiving when it comes to deadlines and the deadlines in each case depend on the type of appeal taken. That is why it is important for someone who is considering an appeal to consult with an appellate attorney right away. In fact, many times, a motion for rehearing will be necessary in order to preserve a party’s right to appeal. Deadlines for these motions are short.
Preservation of error is of the utmost importance for an appeal. If the case is not tried correctly, it is often difficult for the appellant to succeed on appeal. The smartest use of an appellate attorney is to hire one prior to the trial to consult with trial counsel and make sure errors are properly preserved.
If you are headed for trial and have a lot to lose or if you have already lost and want to know if you should appeal, contact our office right away to schedule your consultation.
We are experienced at handling a full range of appellate law issues pertaining to the courts, including: