Legal Question in Appeals and Writs in Missouri

what does the appeals court actually review

When filing an appeal from a family court does the appeal's court condsider the Motion for a new trial's content or the fact your attorney failed to properly represent you and violated your rights by not informing you of vital facts, witnesses and evidence he had or failed to get before trial because he didn't bother to file discoveries or interrogatories. or do they solely review the case file and transcrip and reinterpute the findings based on law of the state?


Asked on 6/27/00, 8:41 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: what does the appeals court actually review

The appeals court will look at the record and evaluate it in terms of what "points on appeal" are presented. In other words, the appeal is all about how the trial court -- not your attorney -- erred. In a court-tried case (divorce, for instance) the court is presumed correct and the ruling will be affirmed unless the trial court didn't apply the correct law, misinterpreted the law, or made some other reviewable error. In most cases the appeals court looks only at the errors raised by the points on appeal, but from time to time will review for "plain error" but that is a very high burden.

If you suspect you were not properly represented, the remedy you have is a legal malpractice claim.

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Answered on 9/06/00, 8:45 am


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