The court’s judgment cannot be appealed based on your displeasure with it. In your appeal, there must have been a mistake by the trial judge. When the trial judge made that error in the courtroom, you must have objected to them. It’s called “preserving your records.”
What is Judgment Appeal?
Judgment appeal is a term used when a court reviews a lower court decision. The purpose of a judgment appeal is to have a court review the lower court’s decision and then potentially change or reverse the lower court’s decision.
What Are the Most Common Grounds for Judgment Appeals?
You can appeal based on the following grounds, although they may differ by the type of case you are appealing:
The Judge Erred in Law. “Errors of law” occur when a judge applies the wrong legal standard or rule to a particular fact situation. A trial court might have made these mistakes if it failed to follow state statutes or case law that should have been applied in your case.
If you appeal a trial court decision that was incorrect on the law, the appellate court will not have to consider what the trial judge did. In deciding whether or not the trial court judge committed a mistake, the appellate court will analyze the law that was supposed to be applied.
The Judge Erred Regarding the Facts. Judges in trial courts are generally required to rule on the facts proven in court. Most appellate courts rarely second guess the factual findings of a trial judge since they observe the witnesses and documents, photos, etc., directly. Thus, proving factual errors by a trial judge on appeal is the most challenging task. An appellate court will not invalidate a factual verdict unless it was erroneous, and there are no doubts in the record that the judge erred.
The Judge “Abused Their Discretion”. In most cases, a trial judge has a great deal of authority, except in those cases where rulings are strictly based on applying the law. A court’s “judicial discretion,” known as evidence admission, motions and requests granted by the court, and protection orders approved are examples of this broad power. The appeals court will usually go along with the lower level court’s decisions as long as they are within the judge’s discretion.
The appeal of errors involving judicial discretion or judicial decisions is very hard, but it is not as hard as winning an appeal involving mistakes involving factual information. Even if a judge abuses his discretion, it will not qualify as a cause for appeal unless you prove they abused the judge discretion. An obvious indication that the judge abused his discretion is, for example, when the evidence refutes his decision or when he made an entirely unreasonable decision.
A lawyer specializing in filing and arguing appeals can be invaluable during the appeals process. If you live in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities and need an appeals attorney, Hunker Appeals is here to provide a smooth path through the appeals process.
Call or email Hunker Appeals now to set up a consultation.
Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-841-8808.
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