Defending an Appeal
Defending an appeal has certain natural advantages over the side taking the appeal. The status quo is in favor of the non appealing side and the side taking the appeal is faced with meeting all procedural requirements necessary to perfect it.
Any initial review should involve determining of appellate jurisdiction was properly obtained, as this is one defect that cannot be cured.
The next line of defense is to look for other procedural irregularities and determine if they warrant litigation. Non jurisdictional defects can be cured at the court's discretion, which tends to be liberally granted.
Errors in perfecting the appeal form another line of defense, an improper record, or a brief that refers to matters de hors the record should also be investigated.
Analyzing the standard of review and attempting to focus on standards less favorable to an appellant is another aspect in defending an appeal. If the argument can be framed as issues involving discretion or credibility, the odds shift to the defense.
These concepts when interwoven with a strong argument on the merits of the case can amplify the defense greatly. Not every case involves every defense beyond the merits, but when they do exist they should be exploited as part of an overall strategy.
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If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any appeal. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.
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