Getting Trial Orders Right — saving time and money on appeal
When an appellate court reviews a ruling of a trial court, it looks for a number of things. One important issue is whether the trial court considered, or did not, consider, certain evidence, testimony, documents, etc. We call that competent substantial evidence. If the appellate court is unsure what the trial court based its ruling on, it will send the case back down to the trial court. So, at the trial court, take the time to prepare a ruling that sets forth findings of fact and conclusions of law, and explains what the trial court relied on. Otherwise, clients am be spending extra time and money.