APPEALS – CRIMINAL & CIVIL
If you are not satisfied with the results of a trial or administrative hearing, you have a right to appeal. Many people don’t realize three things: (1) one must act quickly – the time to start an appeal is very short; (2) although you may have a right to appeal, in most instances, you do not have a right to have your appeal considered by the court; and, (3) an appeal does not stay (stop) a judgement – a civil appellant may be required to post an appeal bond equal to the money judgement.
On appeal, the court is concerned with whether the lower court or administrative law judge (the “lower tribunal”) properly applied the law to the case. The appellate court does not hear evidence – there are no witnesses. The appellate court relies on the facts in the record from the lower tribunal.
An appellant is the person who makes the appeal, and the appellee is the person who defends the appeal. The role of an appellant’s lawyer is to show the appellate court that the lower tribunal either misconstrued the facts or misapplied the law. And, when representing an appellee, to show the lower tribunal was correct.
It is most important to know that civil appeals are expensive. I try to lessen this cost with reasonable attorneys’ fees based upon the complexity of the issue(s) and the financial capacity of the client. But, it is still expensive. An appellant must produce the “record on appeal” which is the transcript of the lower tribunal’s hearing(s). Depending on the length of the hearing(s), this cost can run from just under $1,000 to several thousand dollars. And, most importantly, the loser on appeal ‘may’ be required to pay the other side’s attorneys’ fees and costs.
If you’re considering an appeal, or you are the appellee, please consult with me. I can give you an assessment of your case at a reasonable fee based upon the complexity of your case. It could save a lot of money when compared to proceeding with an appeal (or defending an appeal) which may not be viable. In many instances, it may be prudent to try to settle an appellate matter.
Call now – 480-818-5070. Email: info@SullivanAppeals.com