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Know Your Rights About Appealing A Case
The outcome of any legal case is not guaranteed. While your attorney can give you guidance and provide you with realistic expectations, a trial is a complex legal proceeding in which many issues are raised and decided.
There can also be mistakes. When this occurs, an appeal may be appropriate. However, simply because a mistake occurred is not necessarily reason enough to file an appeal. It must be worth the time, effort and expense associated with an appeal, and there must be a reasonable chance at overturning the lower court’s decision.
It is not enough simply to be unhappy with the outcome of your case or think the result is unfair. You must have legal grounds for filing an appeal.
Guidelines For Pursuing An Appeal
With that in mind, here are several legitimate reasons for appealing your case:
- There is a mistake about the facts of the case. It could be that a judge used some facts to make a decision that were incorrect, or overvalued some unimportant facts in making a decision.
- There is a mistake about the law. On occasion, there is a question of whether a trial court judge used the law in the right way considering the circumstances of the case. Judges can also make procedural errors that mean a new trial may be appropriate.
- There is a question about Georgia law. Every divorce is unique. Few laws are able to predict every situation. Previous case law may not be clear. When there is uncertainty about the law, the higher courts can weigh in on the issue to help interpret the law.
- Abuse of discretion. In some circumstances, we will try to show a judge abused his or her discretion in determining child custody, child support and property division matters.
We Know Appellate Law And Appellate Courts. We Can Tell You The Merits Of Appealing Your Case.
Faulhaber Family Law, LLC, is a leading appellate family law firm in Alpharetta, Georgia. Tamar Faulhaber has been representing family law clients throughout Fulton County and surrounding areas for over 20 years. She has the knowledge and experience to clearly explain whether an appeal may be appropriate in your case.