When negotiations fail to resolve a complex dispute, it is time to turn to experienced litigators for help. At Paule, Camazine & Blumenthal, P.C., we are experienced litigators in St. Louis who understand that preparation and experience lie at the heart of every litigation success.
Our experienced attorneys know the law and how to use it to your advantage in a courtroom. We are able to utilize a team of attorneys with legal experience in a variety of areas to provide you with comprehensive, creative, and cost-effective legal representation.
For disputes concerning probate, business or commercial interests, real estate, intellectual property, or any of a variety of other legal areas, we are here to help you. After litigation, we handle all matters at the appellate level.
The result of your complex litigation could determine your individual or commercial financial future. You can trust that future to our lawyers at Paule, Camazine & Blumenthal, for your legal concerns in Missouri and around the country.
Contact us for an initial consultation at 314-727-2266.
The Paule, Camazine & Blumenthal Team Approach Protects Your Rights in Court
We safeguard your interests in complex litigation matters such as:
St. Louis Appellate Litigation Attorney Appeals
After all of the evidence has been presented and all of the arguments have been delivered, the jury will render its decision or, in a judge-tried case, the judge will publish the court’s decision. However, a party who is not satisfied with the result may decide to take the case to a higher court in the hope of having the decision reversed. This process is known as an appeal.
The Right to Appeal
In Missouri, a person has the right to ask for a review of the court’s judgment by the Missouri Court of Appeals. However, the appeal is not an opportunity try the case a second time. The appellate court is limited to looking at the evidence just as it was presented to the trial court and then determining whether the decision was in error.
What Constitutes an Error?
What kinds of errors will the Court of Appeals consider? Here are some of the things it can look at:
- Did the court enter a judgment that is not supported by “substantial evidence”?
- Is the judgment against the “weight of the evidence”?
- Did the judge misinterpret the law?
- Did the judge apply the law incorrectly?
- Did the judge admit evidence that should not have been allowed?
Even if one or more of these things occurred, there is no guarantee that the decision will be reversed. Courts of appeals are very reluctant to undo a trial judge’s work and most appeals are unsuccessful.
What is Involved in an Appeal?
An appeal is a highly technical process that can last for many months. It includes the following steps:
- The party files a notice of appeal within the time allowed;
- The party appealing the case (the “appellant”) pays the court reporter to prepare a printed transcript of the trial;
- The appellant’s lawyer writes a lengthy document known, paradoxically, as a “brief,” that is intended to persuade the appellate judges that the trial court made a reversible error;
- The other party’s attorney prepares its counter-argument in the form of a respondent’s brief;
- The appellant’s attorney presents a “reply brief”;
After all the briefs are in, both attorneys are usually given an opportunity to make an oral argument of a short duration to a three judge panel of the Court of Appeals. The judges frequently engage in spirited discussions with the lawyers, challenging their interpretations of the law.
After a period of from a few weeks to many months, the Court of Appeals issues its opinion. It may affirm the lower court’s decision, in which case the original judgment stands unchanged. Or, it may reverse the trial judge’s decision, either in whole or in part. If it does so it might tell the trial judge what should have been done. More frequently, it will analyze the errors and then direct the lower court to reconsider its decision in light of that analysis.
Who Should Handle My Appeal?
Because the tasks involved in appeals are distinct from those performed by trial lawyers, and because they are so technical, it is wise to get advice from an experienced appellate lawyer, both to determine whether or not an appeal is likely to be successful and to make certain that your appellate argument will be made in the most effective manner. Paule, Camazine & Blumenthal, P.C. has attorneys with substantial experience in all types of appeals.
If you believe that the verdict in your complex litigation case was in error, we can pursue an appeal for you. We bring the same dedicated professionalism and personal service to our appellate work that we do to our other practice areas. We research thoroughly, write persuasively, and argue convincingly before state and federal appellate courts.
Contact the law offices of Paule, Camazine & Blumenthal today. Tell us how we can help you with your complex litigation. If an evening or weekend appointment is necessary, we will adjust our schedules to fit yours.