When your case did not turn out the way you hoped, you need the help of an experienced appeal attorney.  Morris & Stone provides exceptional legal representation to businesses and individuals in several areas of law, and extensive experience on civil appeals.  No judgment obtained by Morris & Stone has ever been reversed on appeal, but we have repeatedly prevailed on appeals for our clients.  Bringing in a new attorney to handle the appeal brings a fresh perspective to the case.  The trial attorney may just be too close to he case to see the big picture.  Most of our appeal victories came after the client was told by their trial counsel that a victory on appeal was not possible.  Be sure to review our News page for details on several of our appeal wins.  Our attorneys bring creative solutions to all your litigation and appeal requirements.  Whether your appeal is based on Breach of Contract, Employment Law, Defamation, Internet Law, Business Matters or virtually any other area of civil law, let us save your case.

APPEAL PROCEDURE

Many think that a civil appeal is like a new trial.  If something stopped them from properly presenting their case, they think an appeal will provide a second chance.  That is not how an appeal works.  (Although in some cases, such as an appeal from a judgment in Small Claims Court or from the Labor Board, an appeal is treated as a "trial de novo" or new trial.)

A civil appeal is a means by which to uncover the errors that may have occurred in the trial court. Either or both sides can file an appeal (sometimes neither side is happy with the result).  The parties then prepare a record from which three appellate justices (if the appeal is from Superior Court) will look to see if there was any error. There are two parts to the record; the clerk’s transcript, consisting of all the court documents and evidence that was presented at trial; and the reporter’s transcript, which is the transcripts of all the testimony and arguments to the court. The appeal is entirely taken from this record.  There is no new testimony or evidence.

Citing to the record, the attorneys for the parties file briefs attempting to persuade the appellate court that the trial court committed error.  The error could consist of a number of things, including impermissible testimony, an unqualified expert witness, inadmissible evidence or an improper jury instruction.  In most cases, these errors must have been argued during the trial and cannot be raised for the first time on appeal.  In other words, if your appeal attorney is going to argue that the judge gave an improper jury instruction, the trial attorney must have previously objected to the wording.

Upon receiving your case, the team of civil appeal attorneys at Morris & Stone will thoroughly review the record from your trial, looking for the errors that can serve as the basis for appeal. If error is found, Morris & Stone will prepare an appellate brief to present to the appeals court.  This brief will explain and support our legal arguments about why the decision of the trial court was wrong. If the appeal court Justices agree, then, depending on the case, the matter is usually "reversed and remanded."  This means that the decision is sent back to the trial court for a new trial, or on specific issues the appeal court may instruct the court on how something should be decided.

It is crucial that you retain the services of a law firm that has years of experience with appeals. Morris & Stone has been handling appeals for more than 20 years. We have the skills and understanding of the law to maximize your chances of prevailing with your appeal.

RESPECTED BY THE LEGAL COMMUNITY:

"Perhaps it is my age or 40+ years of experience in the law, but it is compelling to comment that the performances of both counsel in this case, in terms of dedication to the law, to their clients, and to their scholarship make me proud to again call myself a 'Lawyer.'"

-- Orange County Superior Court Judge Robert J. Polis (Ret.), commenting on the performance of counsel from Morris & Stone.