Appealing A Civil Court Decision In Georgia
If you believe you were denied a fair trial in a civil proceeding, please call us today at 678-812-6073 to schedule a free consultation with an attorney and discuss your case.
Grounds For An Appeal — Civil Proceedings
While our lawyers can help determine if you have grounds for an appeal, any one of the following can be grounds for an appeal:
- Procedural questions of justice: Did a judge fail to follow proper legal procedures during a hearing or trial? Did he or she give the jury improper instructions? Did the judge overlook missed deadlines or ignore violations of the rules of discovery?
- Questions of evidence: Did the presiding judge improperly exclude — or include — evidence? Was damaging testimony allowed that should have been excluded?
- Applying principles of the law: Did the judge make a ruling from the bench regarding the application of a rule of law that was incorrect?
- For instance, was a principle of contract law — say of estoppels — misapplied? Did the judge misapply a principle of tort law and liability? Was someone misidentified as a fiduciary?
Relief From Judgment And Civil Litigation Appeals
Depending on the specifics of your case, our appellate law attorneys may be able to forego the appeals process altogether by filing a relief from judgment or “relief not withstanding verdict” (JNOV). If it can be demonstrated that a verdict against you was the result of an error on the part of the presiding judge or the plaintiff’s attorney, a JNOV can have the case dismissed without filing an appeal.
For example, suppose you’re being sued for intentionally breaching a contract. Suppose the plaintiff calls a witness who says they heard you make a statement on April the 10th indicating you had no intention of adhering to the contract in question. Suppose further that this testimony is what convinces the judge (or jury) to decide against you.
If it later comes to light that the witness in question was out of the country on April the 10th and couldn’t possibly have heard you say anything, a JNOV can be filed to have the decision against you dismissed.