| SummaryAn appeal reviews legal errors; it is not a retrial of the case.When a decision is upheld, the lower court’s judgment remains in force.Standards of review largely determine how difficult it is to overturn a verdict.Only significant legal errors justify reversal; harmless errors do not.An upheld judgment is final, with only limited options for further review. |
The U.S. court system allows a party to file an appeal to a higher court to review a lower court’s judgment for legal errors that may have affected the outcome of the case. These errors can include:
- Mistakes in applying or interpreting the law
- Procedural errors during trial
- Improper admission or exclusion of evidence
- Incorrect jury instructions
- Constitutional violations.
It is important to understand that an appeal is not a new trial.
An appeal may result in one of the following outcomes:
- Affirm (Uphold)
- Reverse (Vacate)
- Remand
- Modify
What does upheld mean in court?
| The terms “uphold” and “affirm” are interchangeable. To maintain clarity and consistency, the term “upheld/uphold” is used throughout this article. |
When an appellate court upholds the verdict of the lower court, it means that the panel has concluded that the lower court’s judgment was correct under law and the original ruling stands as rendered.
| Reverse/VacateThe appellate court reverses or vacates an appeal when the panel finds that the lower court’s judgment was wrong.RemandWhen the appellate court remands an appeal, the case is sent back to trial court for further proceedings, with specific instructions for a new hearing or trial.ModifyThe appellate court changes only a specific part of the original judgment such as adjustments in a monetary award. |
The Nature of Reversible Error
The burden of demonstrating that the trial court committed a legal error is on the appellant. Moreover, the mistake must be significant enough to have materially affected the outcome of the case. If the error is “harmless”, the trial court’s judgment is upheld.
Standards of Review (SOR)
The standard of review is an important factor in determining whether a verdict will be upheld or not. The SOR dictates the level of scrutiny applied by the appellate court. It reflects the judicial system’s division of labor.
- Trial judges are best suited to assess facts and credibility.
- Appellate judges are best suited to assess pure law.
De Novo Review
De novo review applies to the interpretation of statutes, constitutional provisions, court rules or other conclusions of law. The term De novo, meaning “anew,” indicates that the appellate court does not give deference to the legal conclusions of the trial court. The appellate court reviews the issue from a fresh perspective, applying the same legal standard the trial court was required to use.
Highly Deferential Review
Most issues challenged on appeal fall into the following categories, mandating high deference. This significantly increases the likelihood of affirmation.
| Matter Under Review | Standard of Review | Level of Deference | Test for Reversal |
| Judicial Findings of Fact (In non-jury cases) | Clearly Erroneous | Significant | The appellate court will only overturn a trial court’s finding of fact if it is completely convinced that a clear mistake was made. |
| Trial Management/Discretionary Issues | Abuse of Discretion | Highest | The appellate court will keep the trial court’s decision as long as it is reasonable and within the bounds of acceptable choices. This applies to decisions about evidence, handling case procedures, and managing the trial. |
| Jury Verdicts (Sufficiency of Evidence) | Substantial Evidence | High | The appellate court will uphold the jury’s verdict as long as there is any believable evidence supporting it, looking at the evidence in the way most favorable to the jury’s decision. The court will not re-examine the evidence or replace the jury’s judgment about the credibility of witnesses. |
Finality and Subsequent Recourse
The Power of Preclusion: Res Judicata and Collateral Estoppel
The lower court’s decision becomes final when upheld by an appellate court.
Res Judicata (Claim Preclusion)
This rule prevents a second lawsuit on the same claim between the same parties, also barring any claims that could have been raised in the original case.
Collateral Estoppel (Issue Preclusion)
This rule stops the re-examination of specific facts or legal issues that were already decided in a previous case, even if the new lawsuit is about a different matter.
Once the judgment is upheld, the judgment becomes a binding legal fact.
Limited Options for Recourse
Once an appeal has been upheld by an intermediate appellate court, the party has no automatic right to appeal further. The appealing party has the following two options:
Petition for Certiorari
The party can ask a state supreme court or the U.S. Supreme Court to review the case. However, the court may refuse to hear the case. At least four justices must agree to grant certiorari for the case to be heard.
Collateral Attack (Writ of Habeas Corpus)
A writ of habeas corpus is a separate legal action in criminal cases that only examines whether the imprisonment is lawful. The focus is on serious constitutional errors in the trial process.
Stakes in Civil vs. Criminal Cases
Civil Cases
The winning party can legally enforce the court’s decision once the verdict is upheld, which may include collecting monetary damages or enforcing a court order, such as an injunction.
Criminal Cases
The defendant’s conviction and sentence remain in effect if the verdict is upheld, which may be imprisonment or loss of personal freedom.
Conclusion
An appeal is upheld when the appellate court determines that the lower court’s judgment is legally sound and free from reversible error. The appellate court does not reconsider evidence or retry facts. The only focus is on correcting legal mistakes. The best appeal lawyers in Florida carefully review the trial record to identify reversible legal errors and evaluate whether the applicable standard of review makes an appeal viable.
Need expert representation to file an appeal? Contact Brownstone Appellate Law Firm today!
FAQs
Do I automatically have the right to appeal my case, or does the court have to allow it?
In most cases, yes. You just have to find one of the best appeal lawyers in Florida.
How long do I have to file an appeal after the judgment is entered?
You have a short and strict deadline of 30 days.
Can new evidence be introduced during an appeal?
No. Appeals are based on the existing trial record. New evidence is considered only in very rare circumstances.
What are the chances of winning an appeal, and how can I tell if my case is worth appealing?
Success in an appeal depends on the applicable standard of review and whether the trial court committed significant legal errors.
