Appellate Courts Define the Law and Correct Errors

When a case goes up on appeal, the appellate court is being asked whether the trial court made mistakes, and whether those mistakes require correction. The appellate court analyzes the facts and law from the trial court case against the appellate court’s previous decisions. The appellate courts then affirm, reverse or remand a trial court’s ruling. The appellate courts are a check and balance on a trial court’s power.

How We Can Help

Our attorneys have experience with both civil and criminal appeals. Unlike most firms, our attorneys handle appeals associated with our cases in-house—this includes issue spotting and preservation before and during the pendency of litigation and trial, drafting necessary motions and briefs, and making arguments in appellate courts. Our firm has received several favorable opinions from Georgia’s appellate courts in complex cases with issues of first impression. Some recent examples are:

1. A17A0438. DUFF v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. 05/24/2017 opinion. Slip-and-fall case, plaintiff Mollie Duff appealed from the grant of summary judgment to defendant Board of Regents of the University System of Georgia. Duff contended that the trial court erred by concluding that rainwater on the floor where she slipped was not, as a matter of law, a hazardous condition. Reversed.
2. A19A0248. STELLY v. WSE PROPERTY MANAGEMENT, LLC. 06/20/2019 opinion. Trip-and-fall suit against a property owner and the property management company, the trial court denied the owner’s motion for summary judgment but granted summary judgment to the property management company. Nelda Stelly, the plaintiff, appealed, arguing that the management company had sufficient control of the premises to owe her a duty to keep the premises safe, as well as a duty to warn her about the unsafe handicap ramp upon which she tripped. Reversed.

When shopping around for a litigation firm, be sure to ask whether a firm handles its own appeals, and if so, whether a firm has received any favorable opinions. Knowing how to identify, preserve, and win an appeal is analogous to the ability to see into the future. An experienced trial and appellate firm has the ability to see what is coming so that it can prepare how best to deal with it before it arrives. Experience is earned, and experience is what our firm offers.