In order to appeal a civil court decision, there must be a substantive reason related to a rule of law or procedural justice involved that compromised the outcome of a hearing or trial. As such, unhappiness with the outcome of a civil trial does not constitute grounds for an appeal. At the Bird Law Group, our appellate attorneys in Atlanta work closely with clients in reviewing the transcript of a trial in order to identify misapplications of a rule of law or failures on the part of a judge that prejudiced the outcome. We represent clients in civil litigation appeals involving contract disputes, medical malpractice, insurance bad faith and business disputes. We prepare all necessary legal briefs and filings, and present oral argument if called upon to do so. We review applicable case law when interpretations turn on the application of a rule of law and leverage precedent to either request a new hearing or have a decision rescinded.
If you believe you were denied a fair trial in a civil proceeding, please call us today at 888-392-4312 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.
Speak With One Of Our Appellate Attorneys Today
Please call us at 888-392-4312, or email us to schedule a free consultation with an attorney. We look forward to discussing your unique case and your full legal options.