There are times in which judges make uneducated decisions regarding custody, divorce, and other legal matters. The legal system can be extremely complicated and certain aspects of the process can be overlooked and a poor decision may be made. In situations such as this, it is important for clients to consider the possibility of appealing a court-ordered decision through the appellate process. Eastern, PA area lawyer, Attorney Jack A. Rounick, is a seasoned professional who can help individuals in navigating the appellate process.
Appealing a case is not done just because an individual is unhappy with the results of their court hearing. It can only be done if there is believed to be a misapplication of the law. This may include the misunderstanding of facts that were presented in the case or the misuse of the law. New evidence or facts cannot be admitted to court during the appellate process.
During this process, a higher court is to review the case and determine if a legitimate mistake was made. The person filing the appeal is the appellant and the person on the opposite side of the appeal is the appellee. Either person can file an appeal if they feel as though the law was misapplied or not used correctly and the case should be decided in an alternative manner.
Attorney Jack A. Rounick can take the time with clients to explain how the appellate process works. A decision is often made within a specific time frame after the appeal has been filed. The decision of the family court may vary. The Appellate Court may reverse, vacate, remand, affirm, or modify the decision made. Reversal and vacate mean that the Appellate Court agrees that there was a mistake and the order should be reversed. A remand is when the family court must do a retrial to hear the case again. Affirm means that the decision made by the family courts will be upheld, and modification is the change of one or more parts of the initial decision made.
For more information about appealing a previous court decision, contact The Law Offices of Jack A. Rounick, LLC today.