Appeal

What is an Appeal?

An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)

The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.

An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.