Protecting Both Business Finances And Futures

When would I want to consider appealing a decision?

On Behalf of | Jan 26, 2023 | Business Litigation |

The reality is that court decisions get made by human beings and thus can sometimes be a little misguided or even flat-out wrong about the law or how the law applies to a situation.

In practice, this means that an established Southern California business could legally have all its ducks in a row and yet not get a favorable result in litigation.

One consequence of a bad outcome in the trial court is that the business will have to pay out money or submit to a restrictive court order, and perhaps both.

Court decisions can also realign legal rights and obligations in such a way as to make it harder for the business to remain profitable. A business may also suffer a damaged reputation after losing a court battle.

The fallout from an unfavorable decision may leave a business deciding whether they want to appeal to the proper state or federal appellate court.

An appeal is a complicated legal matter

Preparing and even protecting one’s right to an appeal involves legal complexity that can also depend a lot on the facts of a case. For one, there are very strict deadlines and other requirements those who wish to appeal will need to follow.

As an overview, in an appeal, the business that is unhappy with a trial court’s decision asks the appellate court to overturn it.

Appeals are not new trials. A business trying to appeal will not get far trying to convince the appellate court to re-examine evidence or look at new factual information.

Instead, a Southern California business appealing a decision will have to convince the appellate court that there was some sort of mistake or flaw in the trial court’s decision-making process.

In some cases, the question involves what a particular law or regulation means or what the law actually requires.

If the appellate court finds it appropriate, it can order the trial court to change its decision in some manner, completely overturn the trial court’s decision, or tell the trial court to have a new trial or other proceeding.

A business that feels like it might need to appeal should speak with an experienced attorney about the option.



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