Lawsuits can cost a lot of time and money, but they are often the only option you have when you want to assert your legal rights. In any legal case, there are no guarantees. You may have lost a recent civil suit and are at your wit’s end. Is this the end of the road in terms of your case?
There is a possibility that you can appeal but only if you have the appropriate grounds. There are three main standards that can provoke appellate review. Here’s what you should know about each:
“De novo” reviews
When the appellate court decides to hear the case anew – as if the trial court never made any ruling – that’s called a “de novo” review. In fact, the Latin phrase means “from the beginning,” and that’s exactly how the appellate court will hear the case. This usually happens when there is a question of law.
Abuse of discretion
Trials are dynamic events, and lots of decisions have to be made at every stage. Most of the time, the trial court has a fairly broad ability to exercise its discretion surrounding things like continuances, who is present in the courtroom, the length of opening or closing statements and so on. However, if the trial court abused its discretion, that can be a good reason for an appellate review.
Competent substantial evidence
In any legal case, evidence is everything. When a court makes a judgment or order on a factual dispute, such as the amount of actual damages your business suffered due to another party’s breach of contract, the appellate court can look to see if the decision is fully supported by the evidence in the case.
Wrongful legal decisions are made every day but they can be overturned on appeal. We help individuals and businesses file civil appeals after lawsuits don’t go their way. Contact us for a consultation.