Appellate work is a relatively complicated area of law. In the most basic concept, appealing is the legal process of attempting to correct an error made that resulted in an outcome that either needs to be overturned in its entirety or sent back for reconsideration based on the appellate court ruling on a particular error of law. Now, in practice, the procedure can be both complex and rigid. Not every decision is appealable, and certainly not every appealable issue is one that will result in a changed outcome. Nevertheless, if you are involved in litigation, it is helpful to know what is and is not appealable, how long you have to decide to appeal, and, if you have an issue or judgment that is ripe for an appeal, what is the process and how strong your case may be.
At Carpenter Gandhi, we attempt to break the appellate process down from legal jargon into understandable terms. We offer an initial consultation so that you can understand your case and your potential strengths and weaknesses to an appeal. Additionally, aside from the appellate process itself is the practical side of things. For example, appeals can take a long time and may have high fees and costs involved – you need to know this to decide whether to proceed. And, as a practical consideration, appealing a judgment does not necessary stay, or stop, the judgment from being executed. Instead, you have to move the court to stay the proceedings or execution of the judgment pending appeal. Even that motion comes with risks – if you win, most likely you will have to post a bond that gives assurances to the underlying prevailing party that you aren’t just delaying the judgment and it ends up with nothing. While no attorney can paint you a roadmap that alleviates all of the variables, at Carpenter Gandhi, we use our experience and professional judgment to give you the best estimations possible so you can make your most educated decision.
What Happens if I Win My Appeal
That’s a great day! … hopefully. Again, the reason to consider the practical side is to also understand what you may or may not win by an appeal. An appeal could mean the case gets returned to the trial court to have it reheard with guidance from the appellate court. Or, it could be overturned, but perhaps the ability to be fully recompensed is no longer available – i.e. in a mortgage foreclosure, the house may have already been sold and you may only be left with monetary damages. However, assuming you understood and accepted the practicalities, it means you have corrected the error and a correct judgment can be entered. As a bonus, you may even be able to seek your attorney fees and costs.
What Happens if I Lose My Appeal
Well, it means you fought, but the error may not have been an error, or, perhaps it was an error the court deemed harmless. It is not the ideal outcome, but it means you fought the fight. Unfortunately, just as getting your fees and costs may be possible with a win, a loss could result in you paying the other side’s fees and costs. …Now, a loss may also mean that you are able to have your case heard by the Florida Supreme Court or the U.S. Supreme Court, but the detail to that possibility is something best discussed directly with your attorney.
If you have questions about your appeal or a potential appeal, contact Carpenter Gandhi today for a free consultation.