Appeals 101: Have a Case to Make

Have you received an unfavorable jury verdict or judge’s order in a   West Palm Beach will contest? Are you rearing up for an appeal? Before you do you ma y want to learn a little bit more about West Palm Beach appeals. Also you may want to see what can happen when a judge just does not buy your story.

Appealing an Order

• The first step is to get an appealable order do you know what you can appeal?
• The general rule is you need a final order but what is a final order?
• Generally it is an order that disposes of the entire case not just one issue.
• There are exceptions to for example you can appeal an injunction or order on venue immediately.
• What is next?
• You will want to win your appeal of course so make sure you have adequate grounds.

Proper Grounds for Appeal

• Often clients think that just because the law was not in their favor that it has to be wrong.
• More so they forget how much discretion a trial court has.
• For example if a law says something has to be reasonable who decides what reasonable is?
• A West Palm Beach trial judge does and if you do not agree that it probably not grounds for an appeal.

Turnberry Ltd. V. Weiner: Failing to Make the Case

• Are you prepared to make the case to the appeals court?
• In a recent case out of the Third District Court of Appeals a real estate company appealed a judgment.
• The court noted that they sided with the trial judge and his reasoning because the appellants did not persuade them.
• If you do not have grounds for a case do not bring it!
• Experienced Palm Beach probate litigators can tell you that appeals are expensive and should not be entered into on a whim.

Want to learn more?

Check out the entire (and very short) case by clicking here!