Business litigation is complex and can be frustrating. When you choose litigation to resolve your business dispute, it’s possible that the outcome will not be in your favor. If this occurs, your next step may be exploring ways to have the decision overturned or altered. In some cases, an appeal may be possible. Answering the question “Can you appeal an unfavorable decision in business litigation?” is not a simple undertaking.
In most instances, determining if your case can be appealed will require a consultation with an experienced business attorney. Yocom Rine P.C. has decades of experience handling business disputes and subsequent appeals, when appropriate. Our unique insight allows us to find grounds for an appeal and fight with you throughout the appeal process.
If you have attempted to resolve a business dispute through litigation, you may believe the court’s decision was unfair. Fortunately, there are some instances when you can continue to fight the decision through the appellate court.
When you file an appeal, you request that the appellate court review the original decision to verify that it followed the applicable laws correctly. Simply disagreeing with the outcome is not enough to pursue an appeal.
Both the defendant and the plaintiff have the right to file an appeal, but there must be a sound legal reason for the request. You can appeal the final decision of the case or the orders made during the process of the business dispute trial.
It is important to understand that an appeal is not a retrial of your case. The appeal does not occur simply because the judge wants to alter the lower court’s finding. Instead, during an appeal, the appellate judge(s) will examine the decisions made by the trial judge and determine if the litigation process was just and fair. It is highly recommended that you retain a business law attorney if you plan to appeal a business dispute decision.
It is not uncommon to lose an appeal; approximately 92% of appellants within the Fifth Circuit were unsuccessful. More than a quarter of these cases were dismissed without a ruling, likely due to a procedural flaw.
Business disputes and appeals can be incredibly tricky to navigate. Seeking a skilled legal support system is important to reach a favorable outcome. The Yocom Rine P.C. team is an authority in aiding clients in resolving business dispute appeals in Texas because we are:
It is possible to appeal a settlement decision that arose from business dispute litigation. If you were ruled against, you may believe the settlement resolution is not appropriate. If the case were ruled in your favor, you may believe the settlement is not enough. Both parties have the right to appeal a court’s decision if there are legal grounds. A skilled business dispute attorney can help you determine if you have grounds for an appeal.
You should pursue a business dispute appeal because it can correct a legal mistake that impacted the outcome of the lower court’s decision. An appeal allows the appellate court to review the case and ensure the decision was fair and just. An appeal can also be a strategic tool if it is a precedent-setting decision that could help you in similar disputes in the future.
You typically have 30 days after the final judgment is read in your business dispute case to file an appeal in Texas. Failing to file by this deadline can result in you losing the ability to file an appeal. There are, however, some instances where an exception is granted and the deadline can be extended. If you are interested in filing an appeal, an experienced business dispute appeal attorney can explain how long you have to file.
You should hire a business dispute attorney to file an appeal because they have experience, knowledge, and skill that will be invaluable during the appeals process. Preparing for an appeal will be different than preparing to initially present your case, so speaking with an appeals attorney is crucial.
In order to pursue an appeal, you must state a legal basis for the review. Any failure in the legal process that impacted the outcome can be a justification for an appeal. In business litigation, examples of mistakes include using incorrect legal standards, applying the wrong law, and considering evidence during the trial that should have been excluded. If you believe there are grounds for an appeal, a business litigation appeals attorney can review your case.
If you are considering business litigation or an appeal following a business dispute, it is vital that you speak with a reputable legal team. Yocom Rine P.C. understands the intricacies of these cases and stands ready to help you through. Contact our office to learn how we can assist you with business litigation and appeals.