Helping You Appeal Unfavorable Decisions
Losing your case at a “trial level” court does not mean the end of the road. On the contrary, in many instances, your case can be reborn and reincarnated on appeal by painting the law and the facts in a clearer light, so that any mistakes of law or fact made at the “trial level” can be corrected and your rights restored.
It is the job of the courts at the “appellate level” to help ensure that justice was properly administered by the “trial level” courts by reviewing the record of what happened at the “trial level” and making certain that the law was correctly applied and that the facts properly considered at the “trial level,” and, if mistakes were made, to correct those mistakes and undo the harm caused by those mistakes.
And, of course, it is the job of your appellate attorneys to scour the record from the “trial court” and show to the appellate judges the mistakes made at the “trial level” in the clearest and most persuasive way possible.
How it typically works:
- Filing the notice of appeal: After a “trial court judge” issues an “order” or a “judgment” that negatively affects you, whether it’s at the end or the middle of your case, you can ask your attorney to file a “notice of appeal.” You generally only have thirty days to file a “notice of appeal” from time the winning party serves a “notice of entry,” so it’s very important to act quickly to protect your right to appeal.
- Asking for a stay: In many instances, you have the right to ask the court to stop the enforcement of the “judgment” or “order” entered against you until the “appellate level” court can decide the appeal. The appeals process can take a long time, so it can be quite helpful to get a “stay” of enforcement of the “order” or “judgment” against you to keep you from losing your property. For example, if the “trial level” court granted the lender or servicer a “judgment of foreclosure and sale” against you, permitting the lender or servicer to sell you house at a foreclosure auction, a stay can be an extremely helpful tool in preventing the lender or servicer from being able to proceed with the foreclosure auction of your property.
- Preparing your appeal: Once you file your “notice of appeal,” you can start preparing and drafting your appeal (also called as “perfecting” the appeal), for which you generally have between six and nine months. You can work with your attorney to thoroughly examine the court processes and evidence in the case to create a compelling and sound argument for reversing a “trial level” court’s decision. In order to officially submit your arguments to the “appellate level” court, your attorneys will draft and file a “brief” and “record on appeal.” Your adversary will usually respond to your “brief” with their own “brief,” and you will generally be permitted to submit a “reply brief” to your adversary’s response.
- The appellate court reviews your case: Once you get to the appellate court, a panel of judges will read and carefully study your and your adversary’s “briefs” (and, generally, will hear oral argument from your attorney) in deciding if they should reverse or overturn a “trial level” court’s original decision.
- The appellate court makes a decision: After hearing your argument, the appellate judges will determine whether they agree with your arguments, and if they do, they could overturn or modify the ruling from your initial case. You could still bring your case to a higher appellate court if they don’t.
How the process plays out for you usually depends on the specifics of your situation and the intricacies of your case.
What Types Of Cases Can Fadullon Dizon Krul LLP Appeal?
The firm’s lawyers primarily appeal cases involving real estate, foreclosure, and commercial litigation. The appeals in these cases can be complex and require a nuanced understanding of the interplay among statutes, caselaw, and court procedure. They also require the ability to draft persuasive arguments.
The attorneys at Fadullon Dizon Krul LLP are well-equipped to help you with these matters because of their years of valuable experience and their custom-tailored approach to every case. They understand that your situation is rarely the same as someone else’s, and they can reshape and mold their approach to match your needs precisely.
Work With NYC Lawyers Who Know What To Do
Not every attorney, even the best trial attorneys, can help their clients effectively maneuver appeals cases, but the lawyers at Fadullon Dizon Krul LLP can.