• Can My Case Be Appealed?
  • March 12, 2015
  • Law Firm: Rechel Associates P.A. - Tampa Office
  • An error of law allegation is pretty straight forward. The basic premise of such an argument is that the judge failed to account for some provision of the law in making his or her decision. The appellant (the person seeking to reverse the decision) will support his or her argument with statutes, procedure and case law citation, and explain why the trial court either misapplied the existing legal standard or failed to take account of certain criteria.

    The evidentiary argument, however, is slightly more vulnerable. For example, both the appellate court and the law give broad discretion to the trial judge to make certain conclusions about the credibility of witnesses and the interpretation of testimony - which means that the judge has broad authority to assess a witness’ credibility and to make conclusions about the value of testimony.