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SHOULD YOU APPEAL YOUR CASE?

Jack Tarrant, Attorney at Law

 

You've lost your case.  Now what?  You are sure you are on the right side.  What can you do? Are you done?  Is your case over?

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You can appeal.   If you have recently lost a case but you cannot accept that verdict, appeal it.

 

     A judgment from a trial court is appealable as a matter of right.  That means you can appeal a judges decision (in non-jury cases) regarding your case.  You can also appeal a jury decision, but you are less likely to win and you have to overcome more obstacles to prove error in the lower court. 

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     An appeal is where you ask a higher court (an appellate court) to look at the case and see if the judge made an error that can cause the case to be reversed.  Judges make mistakes sometimes, and sometimes those errors lead to an incorrect verdict.  After common post-trial motions fail, the way to address that mistake is with an appeal.

 

     Please be aware that appeals can be lengthy and expensive.  Sometimes, they take years.  Therefore, your job is to determine if it is worth it you you.  Do you stand to gain enough that you can withstand possibly years of more litigation?  Do you have the stamina for that?  Is there sufficient money in controversy that can cover the legal expenses?  Do you have enough to gain to warrant the effort and time spent?  And, very importantly, can you cover the initial payment an appellate attorney will demand before writing the appeal?   

     

   There is good news regarding payment though.  Since you usually pay an appellate attorney up front for their services, they generally do not share in the recovery you may eventually receive due to their efforts.  

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     Jack Tarrant has experience in appellate law and is admitted to the United States Supreme Court to practice.  He would be honored to discuss your case to help you evaluate whether an appeal is right for you.

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