Legal Question in Civil Litigation in California

Re: appealing a civil suit

Yes, if there's a basis for appeal. Be aware of the short deadline for doing so.

Re: appealing a civil suit

Any party that is dissatisfied with the judgment can appeal. To do so the appellant(s) will have to meet several procedural requirements, including strict deadlines.

Bear in mind that filing an appeal will not prevent the judgment creditor from enforcing its judgment. In most instances the judgment debtor will have to file an appeal bond in order to stay enforcement while the appeal is pending. A bond typically must be for 150% of the value of the judgment, and the appellant will have to offer collateral or other security in that amount in addition to paying a potentially substantial premium. I would need more information before I could say whether a bond is necessary in this case and, if so, whether it will be based upon the entire $200,000 amount of the judgment.

Keep in mind that a bond is not necessary in order to pursue an appeal. Without one, though, the underlying judgment may be enforced while the appeal is pending. If the appeal succeeds after the judgment has been enforced, then the successful appellant may have to fight to recover the funds collected by the respondent.

Re: appealing a civil suit

CAN a civil suit be appealed? Absolutely! SHOULD it? Well, that's a question you want a lawyer to answer after looking at the files. Also, you need to be aware that there are very strict and short deadlines following a civil case not only for filing the appeal, but particularly if you want the enforcement of the judgment to be stayed (stopped from moving forward) while the appeal is being decided. No new evidence generally comes in during an appeal and there are limited reasons why you can appeal. These are fairly technical legal arguments, which is why you need a good analysis of the proceedings in the underlying action. If you had an attorney representing you in the original matter, he/she should be able to give you a recommendation regarding whether there is any basis for an appeal. There are also attorneys that specialize in appealing matters. Given the amount of the judgment, you will want to look into this carefully.

Re: appealing a civil suit

All of the previous answers are sound. You should consult with your trial attorney, but unless your attorney has significant appellate law experience, it is best to retain appellate counsel to provide an assessment of the merits of the possible appeal.

I am a certified Appellate Law specialist with over 20 years of civil appellate experience, including several years as a research attorney for the California Court of Appeal. You may visit my webste for more information about myself and my practice: www.foxappeals.com.

Please call or email me if you would like further guidance.

Re: appealing a civil suit

yes...you can. You need to file notice of appeal within 60 days of the judgment.

Re: appealing a civil suit

Our office has experience in State and Federal appeals. Contact me directly.