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What is an appeal?
An appeal is requesting a higher court to reverse an order from the court that heard your case. An appeal can happen only after a trial occurs and a decision has been made. During an appeal, the higher court and numerous judges will review the trial’s court decision. There isn’t a jury or an opportunity to present new witnesses or evidence. The judges will simply review the case and determine if the decision made was accurate.
If the appellate court does not rule in your favor, it is possible to file another appeal to your state’s Supreme Court. However, the Supreme Court chooses only a handful of cases to review.
What factors must be present in order to appeal a decision?
Unfortunately, an appeal can’t be made just because of dissatisfaction. If this were the case, every case would turn into two cases. To avoid this, an appeal must be supported by legitimate legal reasons such as:
Abuse of power – If the judge improperly uses his power to make a decision, an appeal may be made.
Improperly admitted evidence – False evidence can be detrimental to a court case. If evidence was admitted under false pretense or improperly, this may be reason for an appeal.
Lack of evidence to support the decision – In this scenario, the judge made a decision that was not supported by evidence.
What should I do if I need to appeal the decision?
If an error has been made, the attorneys at Gray Eittreim Martin have the experience and expertise necessary to advise you throughout the appeals process. Our attorneys have the advantage of having argued in front of all Georgia Appellate Courts, including the Georgia Supreme Court.
Call us today at 770-225-7000 if you need legal counsel about your appeal.