Practice
Civil appeals
An appeal asks a higher court whether the trial court got the law right. It doesn't retry the facts, and it doesn't hear new witnesses. It reads what happened and decides whether an error changed the result.
Most civil clients come to Theodora after a judgment they didn't expect: a contract read against them, a property line moved, a business dispute that ended on a ruling before trial. Some come because they won, and the other side has filed a notice of appeal.
Appealing a judgment
The first job is the deadline. The second is an honest read of whether the case has an issue an appellate court will take seriously: an error of law, an instruction that misstated it, evidence let in or kept out that mattered. Theodora reads the judgment, the key orders and the transcript before she tells you what she thinks.
Defending a judgment you won
Winning at trial and then being appealed is its own kind of worry. The answer brief explains why the trial court was right, or why any error made no difference. A good answer brief is often shorter than the brief it answers.
Orders before the final judgment
A few orders can be appealed before the case ends, such as some rulings on injunctions, arbitration and immunity. The time to appeal them is as short as for a final judgment, and missing it can mean waiting until the end of the case.
Kinds of cases
Civil judgments Theodora appeals and defends
Contracts and business disputes
Breach, partnership and shareholder disputes, noncompete and payment cases, decided at trial or on summary judgment.
Property and land
Boundary, easement, title and landlord-tenant judgments, and the injunctions that often come with them.
Family law judgments
Final judgments of dissolution, alimony and equitable distribution, and orders on modification.
Orders before final judgment
Injunctions, orders compelling or refusing arbitration, and rulings on immunity, where the law allows an early appeal.
Questions about civil appeals
Can I appeal because the judge believed the other side?
Usually not on that alone. Appellate courts leave questions of who was believable to the trial judge or jury. An appeal looks for an error in the law, the procedure or the evidence that changed the result.
Does an appeal stop me from having to pay the judgment?
Not on its own. In most courts you need a bond or a court order to stay a money judgment while the appeal goes on. Theodora will explain what that would take in your case.
How long does a civil appeal take?
Often many months from the notice of appeal to a decision, and sometimes more than a year. The briefing schedule is set by court rules, and the court decides when it rules.
Can we settle while the appeal is pending?
Yes. Many cases settle during an appeal, and some appellate courts send cases to mediation. A strong brief can change how the other side sees the case.
Have a judgment to appeal, or to defend?
Send the date it was entered and the case number. You'll hear back within a working day with where the deadline stands.
The first call is free and doesn't make Theodora your lawyer.