AppealsWith over thirty years of combined experience, the attorneys at Alba & Straile PLLC have the skill necessary to provide excellent legal representation in all aspects of the appeals process. As veteran attorneys, we recognize that the need to engage in proceedings at an appellate level can be highly stressful to a client. At the appellate level, mistakes made due to inexperience or misunderstanding the sometimes-archaic procedural rules can be fatal to your case. Our team of legal professionals remains committed to the task of assisting you on traveling the often arduous and detailed path to obtaining justice.
What is an appeal?An appeal is a written request made to a higher court to modify or reverse a trial judgment. Submitted by the aggrieved party, appeals have a time limit and must be filed within that time limit or be barred. Unlike the original trial, an appellate court reviews the processes and procedures used by the lower court, not the facts, to determine if an error was made. When an error is discovered that could have affected the outcome of the case, the court may:
- Dismiss the judgment and rule for a new trial
- Reverse the judgment and rule in favor of the aggrieved party, or
- Modify the judgment and remand for further proceedings.
- Finality. The decision must be final in most instances. Often courts will grant or deny requests or motions during the course of a trial. These decisions are not considered final in most cases, as they do not conclude the case. Only a final decision usually is appealable.
- Timeliness. In most cases, an appeal must be filed within 30 days of the final judgment. After that window expires, the court will not accept an appeal request.
The Difference between Appellate Lawyers and Trial AttorneysWhen filing an appeal, it is vital to obtain legal advice from a skilled and knowledgeable appellate attorney. Frequently, clients mistakenly appoint their trial lawyers to handle the appeal, assuming they best know the case. Trial and appellate attorneys possess unique skill-sets specialized for their practice. For instance, trial lawyers rely on strong oral advocacy and charisma to present facts to a jury. Conversely, appellate lawyers utilize written arguments to present a detailed analysis of law and trial testimony theories. Hiring appellate counsel will provide a new perspective to the case and afford a better-suited set of skills. Even the best trial attorneys know that they should let an experienced appellate attorney handle an appeal. When Seeking an Appellate Attorney, Clients should consider their Legal Advocate’s ability to:
- Analyze and assess the trial record from the original proceeding
- Identify all issues that provide ground for an appeal
- Perceive legal issues from a judge’s perspective
- Perform the research necessary to provide the court with a sufficient evidentiary basis to support all assertions
- Effectively communicate through persuasive writing
- Argue complex legal and factual material
- Understand the complex rules governing the appeals process
Appeals to State CourtsAlba & Straile PLLC has extensive knowledge and experience presenting appeals cases to the state courts. Our practice has successfully represented clients in the following appeals proceedings:
- Commercial Litigation Appeals. Our practice has appealed various rulings in commercial cases, including contract disputes, real estate disagreements, construction issues, business licensing, partnership disputes, landlord-tenant disputes, and much more.
- Family Law Appeals. Our appellate attorneys aid clients in child custody, child support, timesharing, alimony, property distribution, and other family law appeals cases.
- Probate Litigation Appeals. Our practice has represented clients in complex disputes over estate administration and inheritance rights during the appeals process.
- Injury & Accident Appeals. Our attorneys represent injured victims, family members, and beneficiaries of a decedent in appellate proceedings involving personal injury and wrongful death claims.