Appealing a Court Decision

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  • เผยแพร่เมื่อ 28 เม.ย. 2015
  • laniganpl.com/2015/05/07/appea... Park Florida) Appeals attorney Eric Lanigan talks about the appellate process and appealing a court decision.
    Most people you know when you watch courtroom drama on TV it’s always at the trial level. The witnesses are on the witness stand, the jury’s there. It's exciting, right? Well, appeals are written and very rarely heard before a judge.
    Who wants to watch a TV show about somebody making a legal argument in front of a panel of judges. That’s what an appeal is. An appeal is nothing more than, “I think this trial judge made a mistake. I want another judge to review it and here is the legal basis for my argument, based on this application of the law."
    You may not enter new evidence, new witnesses. An appeal is based on the law and application of the law by a judge. an appeal is when you have a situation where you think the judge has ruled incorrectly. If you go to the law library there are literally thousands of books of cases and everyone of those is an appeal.
    So there’s plenty of cases being appealed. There’s plenty of cases where someone believes fervently that the judge has made a mistake. And when he has it should be appealed.
    What kinds of cases are appealed? All kinds of cases are appealed. There are different types of appeals. If you have questions about your case, call the Lanigans for an appointment 407-733-2292. (Winter Park, Florida)

ความคิดเห็น • 108

  • @lexh.7034
    @lexh.7034 3 ปีที่แล้ว +6

    Before you appeal anything, learn how the words "shall" and "may" affect statutory construction. Very helpful video. Thanks Lanigan.

  • @blklafaye32
    @blklafaye32 3 ปีที่แล้ว +4

    Thank you Mr.Langin & IM GONNA PRAY FOR YOUR LAW FIRM & I WISH I COULD AFFORD YOU BECAUSE YOU ARE FOR THE PEOPLE.MAY GOD CONTINUE 2 BLESS YOU & YOUR LAW FIRM
    👍🏾👏🏾💚😁

  • @corinnaitile4u
    @corinnaitile4u 5 ปีที่แล้ว +10

    Very clear and well spoken, easy to understand by any self litigant

  • @SeeCSeesCC
    @SeeCSeesCC 3 ปีที่แล้ว +3

    Great and clear objective, was the law applied appropriately. Wonderful video Mister Lanigan

  • @song9119
    @song9119 3 ปีที่แล้ว +6

    6 month to decide an appeal is actually very fast

  • @dumpsterbob5356
    @dumpsterbob5356 7 ปีที่แล้ว +22

    AWESOME ADVICE FOR FREEEEEEEEEEEEEEEEEE...THANK YOU

    • @LaniganPLFlorida
      @LaniganPLFlorida  7 ปีที่แล้ว

      Dumpster Bob, always glad to help. I hope it was clear.

  • @arnedac9399
    @arnedac9399 3 ปีที่แล้ว +3

    I knew I had to watch when I saw Lanigan. I know your in florida not sure if your related but I'm from Ohio and we had a broadcaster years ago that was Lanigan at Large Great Show and very funny. Thank you for the Straight forward information, Be Blessed.

  • @thegreenlantern9709
    @thegreenlantern9709 6 ปีที่แล้ว +2

    Thanks a lot

  • @godthesonhasilluminatedme
    @godthesonhasilluminatedme 3 ปีที่แล้ว +1

    Very clear and concise, thank you

  • @albertlugassy3610
    @albertlugassy3610 2 ปีที่แล้ว

    Thanks for sharing

  • @jengable4888
    @jengable4888 2 ปีที่แล้ว +6

    One has to know what the decision is before you appeal it, meaning, if you had NO idea that a court case was transpiring, how can you appeal it ???
    Apparently, this is the ongoing problem in my personal situation !
    Also, how can anyone afford an attorney when they have been financially abused, and victimized across the board ? I need a pro-bono attorney to assist in this entire situation.
    I am tired of this this insane situation, and I must SUE !

    • @nonoise1965
      @nonoise1965 8 หลายเดือนก่อน +1

      Go to a local law library.

    • @ccpoundher5268
      @ccpoundher5268 5 หลายเดือนก่อน

      Did you go into court or not?

    • @LuciferElExpressTrust-lm8ys
      @LuciferElExpressTrust-lm8ys 5 หลายเดือนก่อน

      You dont need an attorney. Ignorance of the law is no excuse.

  • @Mehrunissah93
    @Mehrunissah93 7 ปีที่แล้ว +7

    This is very helpful. Thank you.

    • @LaniganPLFlorida
      @LaniganPLFlorida  7 ปีที่แล้ว +1

      Thanks Mehrunissah93 glad it was insightful.

  • @SweetTeaTvTeaSippers
    @SweetTeaTvTeaSippers 7 ปีที่แล้ว +3

    Thank you I love this video

  • @tiffanyassoci
    @tiffanyassoci 4 ปีที่แล้ว +2

    You are my type of professional. Excellent vlog.

  • @ccpoundher5268
    @ccpoundher5268 5 หลายเดือนก่อน

    Amazing description of a “judge”

  • @danieldavid7644
    @danieldavid7644 8 ปีที่แล้ว +7

    Very well explained. Applies to most common law countries.

  • @dianahill7239
    @dianahill7239 3 ปีที่แล้ว +2

    I have been seeking an appeal since 1964. I was 4 years old when the judge gave me to George Elwood Joseph Watson and Ilomae Catherine Frances LaPert Watson as their adopted daughter. I was emotionally, mentally, physically and verbally abused from day one. Have been seeking to have my adoption null-and-void, revoked since 1964. Had the state of Indiana done this for me in when I was four years old, who would have paid my legal fees? Why should I at the age of 16 or 18 now be responsible to pay legal fees to have the people who abused me arrested for their crimes? The judge who gave me to these people who's zip code was 46321, forgot to tell me I needed to have a lawyer to properly represent me in 1964. To take pictures, keep copious notes. That judge was not there when Mrs. Watson warned and threatened me at the dinner table on the 1st night: Don't you ever tell anyone what goes on in this house or else! That was after an afternoon of abuse. The judge didn't say I was allowed to report a pedophile named Timothy Mark Paul Watson unless I could afford a lawyer. Where were my rights in 1964? They were intentionally taken away in 1964 and getting them back legally has been a task.

    • @BrianHarries-bb6ql
      @BrianHarries-bb6ql 5 หลายเดือนก่อน

      😢I am sad and distraught to hear of what you went through😢.

  • @FlipMacz
    @FlipMacz ปีที่แล้ว

    EXCELLENT video🌿

  • @nidasalvador9705
    @nidasalvador9705 11 หลายเดือนก่อน

    Thank u for xplain good

  • @jengable4888
    @jengable4888 ปีที่แล้ว

    Please see all posts below ! Also, omission of truth is a Tort Law Liability !
    A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

  • @DRventura333
    @DRventura333 3 หลายเดือนก่อน

    Good information . Question: Can you appeal a Ruling made by Court of Appeal?

  • @jengable4888
    @jengable4888 ปีที่แล้ว

    Please see posts below.
    On another note, isn't there some sort of financial waiver for those who have been horribly victimized, in order to file an appeal ?

  • @elihoneybadgerdontcare9566
    @elihoneybadgerdontcare9566 4 หลายเดือนก่อน

    I love how all legal, "experts" always refer to jury trials when almost no one does that because of the threatening from the gov. to give you double the time. Most people plead, maybe give some advise to the majority not the exception.

  • @Joseph-ne4yl
    @Joseph-ne4yl ปีที่แล้ว

    Pretrial hearing sits a ref/commissioner/ appeal. On my hearing date was a judge up there. ???? Appeals work the same?

  • @kailavarano3562
    @kailavarano3562 8 ปีที่แล้ว +2

    Thank you for your explanation!

  • @lowrider5717
    @lowrider5717 2 ปีที่แล้ว

    I tried to get an trial continuamce because I didn’t know I needed to provide a court reporter so we went through and I think I may appeal but if the appeal doesn’t stop the collection activities I don’t know I want to play anymore

  • @317ivory
    @317ivory 3 ปีที่แล้ว

    Yea but do you write it? I was the defendant in the last case so do I file it out as the plantiff or defendant?? Also do I write the old case number in the case number section??

  • @RideWithTheWolf
    @RideWithTheWolf ปีที่แล้ว

    I'm a little confused. Judge Breyer stated in his dismissal, that if the terms of the settlement were not delivered over, that the case would be set for trail. But when I contacted the court, they said the case was closed. I then, went to the appeals court. They said the case is not appealable because the dismissal was not a final order ... ??? David Gizzarelli v. City and County of San Francis (13-17101). Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and ANDREW D. HURWITZ): A review of the records and the parties’ responses to this court’s October 25, 2013 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not appealable. See United States v. Good Samaritan Church, 29 F.3d 487, 488 (9th Cir. 1994) (party has standing to appeal only if he is aggrieved by the challenged order); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (voluntary dismissal with prejudice not appealable if made pursuant to settlement agreement intended to terminate litigation); Seidman v. City of Beverly Hills, 785 F.2d 1447, 1448 (9th Cir. 1986) (plaintiff may not appeal voluntary dismissal pursuant to settlement agreement because it is not an adverse judgment against him). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [9097026] (AF) [Entered: 05/15/2014 11:39 AM]

  • @caseyjones6355
    @caseyjones6355 3 ปีที่แล้ว

    Can you appeal if you made a plea deal? I'm seeking to have a case thrown out based on the new supreme court decision involving the creek nation reservation. According to the supreme court decision, they must release my brother. I would appreciate any advice you might have.

  • @garymariestillwell6438
    @garymariestillwell6438 7 ปีที่แล้ว +7

    I was in court and I have not been sentenced yet and I wanted to pull my plea back but the judge would not let me and he sentenced me anyways on false accusations against me what can I do to appeal the decision that has been made by the court how do I put it into federal court system of Appeals

    • @LaniganPLFlorida
      @LaniganPLFlorida  7 ปีที่แล้ว +3

      Hi, it's not possible to discuss any legal issues on social media. You have to speak with an appeals attorney in person for a consultation. Make an appointment to talk with an experienced appeals lawyer and provide them with all the details and information of your case. Did you know, for example, that an attorney would have to be hired to actually go through the court transcripts of the original case? Appeals are based solely on the law and its application in the case. Was the law applied appropriately in the case? That's the answer that you're looking for.

    • @annanavales1992
      @annanavales1992 5 ปีที่แล้ว

      Hi. May I know how much for an appeal and how long will it take?

  • @beastybomber1832
    @beastybomber1832 2 ปีที่แล้ว

    HI i have had the most disgusting divorce where the judge dismissed with prejudice and this second judge did the opposite, i thought you were not allowed to file the same complaint once its been dismissed with prejudice?

  • @efrinmagsayo7535
    @efrinmagsayo7535 ปีที่แล้ว

    How to get a copy of the decision of appeal. where we can get a decision of appeal.

  • @albertwhite3135
    @albertwhite3135 2 ปีที่แล้ว

    noticesingle where is Phipps chosen Police department report officer of Oakland California too first beginning of the Oakland California court and judgement Martin puloch and case seen some places.

    • @albertwhite3135
      @albertwhite3135 2 ปีที่แล้ว

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  • @jesuscruz9036
    @jesuscruz9036 2 ปีที่แล้ว

    What is a overturn eviction appeal

  • @jengable4888
    @jengable4888 4 ปีที่แล้ว

    You have to know what the decision is FIRST before you can appeal it ! If you are not aware of a case that went to trial, then how could anyone appeal it ? Meaning, one may be apart of some legal issue and NOT even be aware of it....???.. Is that possible ? Right ?!? That is not even legal !

  • @hillsidesavage1413
    @hillsidesavage1413 ปีที่แล้ว

    Is there any lawyer interested in taking a case suing a juvenile detention center on neglectence , injury? I had an attorney but she didn't do what she should have appose in I also have documentary evidence what is also surveillance video also

  • @thomascwhitchurch2515
    @thomascwhitchurch2515 3 ปีที่แล้ว

    I live in Utah & I been trying to find an attorney to appeal the guilty charge on my wife that she got on Thursday 10/9/2020. I been on different sights.

  • @charliexts5314
    @charliexts5314 4 ปีที่แล้ว +1

    The judge denied my motion to suppress evidence so I took a plea for a year probation.But my lawyer is appealing it still how long will it take for me to get a response or decision?

    • @jinm3
      @jinm3 4 ปีที่แล้ว

      Charlie XTS same here I didn’t commit the crime I was coherced . No criminal record no evidence

    • @charliexts5314
      @charliexts5314 4 ปีที่แล้ว +1

      jinm3 crazy brother I hope everything works out for you brother stay blessed

    • @jinm3
      @jinm3 4 ปีที่แล้ว

      Charlie XTS same to you 🙏🏽🙏🏽 they could tell I never been in trouble prior and this incident happened because they painted a picture of me . I want to appeal but it’s a very expensive process and long . I believe god is going to hover over us and get us through this 🙏🏽🙏🏽🙏🏽🙏🏽🙏🏽🙏🏽

    • @charliexts5314
      @charliexts5314 4 ปีที่แล้ว +1

      jinm3 keep your head up god will take care of us brother just try to be successful and take your mind off of it.they gave you probation too ??

    • @jinm3
      @jinm3 4 ปีที่แล้ว

      Charlie XTS yes a fine and 1 yr probation.
      I’m a good person and I wish I had someone there to defend me legally . At the end of the day I want to own a house have a good job open a bank account just do everything someone in his 20s is supposed to but now I can’t because nobody took the time to ask me before the trial nobody got the time to really get to know my heart

  • @frankwoz6945
    @frankwoz6945 6 ปีที่แล้ว +5

    appeals are expensive, Lawyers are expensive. recently got divorced, I had a very good case against my X-wife. my Lawyer handled my case very vad, I spoke more than he did in court. I would never hire a attorney again for a civil case. I would represent myself, and save 5000 dollars. The Judge in my case was terrible. The X came out smelling like a rose.

    • @williamjames212
      @williamjames212 6 ปีที่แล้ว +1

      Frank Woz Incompetent lawyer, I am disappointed at him.

    • @blklafaye32
      @blklafaye32 3 ปีที่แล้ว +2

      He so sad how the Justice systems fails the one who need it the most🙏🏾

    • @qolayahsirafi1808
      @qolayahsirafi1808 ปีที่แล้ว +1

      @@blklafaye32 Going through the ringer now.

    • @hikingmichigan7592
      @hikingmichigan7592 ปีที่แล้ว

      The lawyers work for each other

  • @thetruthmessenger6358
    @thetruthmessenger6358 5 ปีที่แล้ว +6

    well..... I guess its time after 3 and a half years to APPEAL. Seeing as, I was not asking for it. My own lawyer recently told me, he is so upset an confused by the actions and decisions of the Judge in my case after years and over a dozen times to court and a full trial to final order over the matter, and he believes his client/me, is morally sound and within his rights to have shared equal custody of his children. Yet I have been hijacked at every turn, with legit evidence being completely overlooked by the other lawyer and the judge who seem as if .....in bed together the entire time. Anyway, my lawyer offered to do my appeal which was his idea cause he knows we have many legit factual reasons to appeal. Pro bono......... I guess its time to appeal. TRUTH and the best interests of the children have been overlooked for way to long on purpose by a bias family court Provincial Judge/ex-lawyer. 2019

    • @blklafaye32
      @blklafaye32 3 ปีที่แล้ว

      I completely get you thats the same thing i said the judge & the lawyer must have a thi g going on UNDERCOVER BC THE LEGIT EVIDENCE IS THERE & JUDGE KEEPS OVER LOOKN IT PRAYN FOR U👍🏾🙏🏾💚 #IGetU

    • @thetruthmessenger6358
      @thetruthmessenger6358 3 ปีที่แล้ว

      @Armando Sturzenegger 0 marriage thank christ. 6 years together 2 children.

    • @YTISASF
      @YTISASF ปีที่แล้ว +2

      How’d it go?

    • @22jaybhall
      @22jaybhall ปีที่แล้ว

      There are no laws governing the family courts. If they aren't acting under their oath sue them for their surety bond if you win they lose their immunity. You start asking about it they start acting right.

    • @ccpoundher5268
      @ccpoundher5268 5 หลายเดือนก่อน

      @@22jaybhallsmh

  • @keithmorse9716
    @keithmorse9716 4 หลายเดือนก่อน

    I went to court for a accident and I got told that I had to deal with the consequences I had no right to plead guilty, not guilty, and no contest. Right to confront my accuser, and the fact that you're innocent until proven guilty, yes there was an accident but I believe the person was at fault after going over double yellow lines

  • @anthonytono
    @anthonytono 3 หลายเดือนก่อน

    Hello I live in California just got divorced I’m aware of the state laws same of bill of rights so “””before buying a property””
    I did invoked my 4th amendment right granted to every citizens that lives within the 50 states of the union, I stated very clear that the property will be a separate property so to make it short wife signed a quick claim deed with a licensed notary person and everything was accepted at escrow somehow she found out the CA state judges have been ignoring people fundamental rights so she filed divorce now I’m forced to sell my full paid property . Now I’m trying to file an appeal regarding a violation of my 4th amendment right technically my house was expropriated in top of that a violation of the expropriation rules according to US CODE 2370a. I thought I was protected because this and future issues were addressed 216 years ago in a supreme curt at Marbury vs Madison case
    All laws repugnant to the constitution are null and void

  • @javee-th5no
    @javee-th5no 5 ปีที่แล้ว

    My brother was convicted on his 3rd trial but the supposed victim wasn't even present, he was in Mexico jail. Bro still was convicted even tho victim was not present nd his info was all wrong he mistakes my bro with another saying he was 6 foot with blad head but he had slick back hair on his mug shot. His public defender was garbage. N.e body know of good appeal lawyer who is pro bono? Please help

  • @citygalmelanieproductions1431
    @citygalmelanieproductions1431 16 วันที่ผ่านมา

    Pro-se

  • @albertwhite3135
    @albertwhite3135 2 ปีที่แล้ว

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  • @albertwhite3135
    @albertwhite3135 2 ปีที่แล้ว

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  • @albertwhite3135
    @albertwhite3135 2 ปีที่แล้ว

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  • @luismorillas3487
    @luismorillas3487 2 ปีที่แล้ว

    Whos here after watching amber’s heard trial? 🙋🏻‍♂️

  • @albertwhite3135
    @albertwhite3135 2 ปีที่แล้ว

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