By Fredrick P. Niemann, Esq. a NJ Appeal Lawyer
Not All Court Decisions Can Be Appealed
An appeal as a matter of right is allowed from all final judgments or orders so long as this is made within 45 days of the entry of the order of judgment.
The Role of the Appellate Court Is Limited
The role of the appellate court is to “determine whether the result could reasonably have been reached by the trial court based on the evidence, or whether it is clearly or unjustly distorted by a misconception of the law or findings of fact that are contrary to the evidence. An appeal is not a second opportunity to re-argue the case and is not something to be considered lightly. Some parties in a lawsuit bring an appeal to gain greater understanding, others out of frustration at the judge’s decision or to make the other party incur further expense.
Did the Trial Judge Make Findings of Fact?
A trial judge must make findings of fact and state conclusions of law. The judge is required to put these findings on the record either orally or in writing. The trial judge must clearly state the factual findings and relate those findings to relevant legal conclusions “so that the parties and the appellate courts may be informed of the rationale underlying [the] conclusion.” The scope of appellate review of a trial court’s fact-finding function is limited and is not to re-try the case, but consider whether the judge made findings of fact and whether they were reasonable based on the evidence. Deference is also given by the appellate division to the fact finding undertaken by the family court due to their specific expertise in this area.
Contact me personally today to discuss your appealing New Jersey judgment or decision. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at email@example.com.