Appealing trial court decisions
The appellate court system in Pennsylvania allows individuals, families, and businesses to obtain a “second opinion” when they believe the trial court’s decision is incorrect.
My practice is dedicated to guiding clients through the appeals process.
| Success on appeal necessitates a brief (written argument) that is clear and convincing. That's what I produce. |
Appeals in Pennsylvania Courts
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Contracts and commercial matters
Trial courts can misinterpret contracts. If that happens, the appellate court can review the contract to correct the misinterpretation.
In addition, the appellate court does not have to defer to the trial court’s conclusions, but can draw its own inferences.
Also, trial courts cannot modify or alter contracts. In other words, they cannot “make a new contract” for the parties. Rather, they have to interpret the contract the parties made for themselves.
Domestic relations/family law
| Division of marital property: | In dividing marital property, the trial court cannot misapply the law or fail to follow proper legal procedure. The objective is to effectuate economic justice between the parties and to achieve a just determination of the parties’ property rights. The division and transfer of retirement benefits can be complicated. Therefore, this is an area where mistakes can be made. |
| Child custody: | Here the paramount concern is the best interests of the child, and this determination is made on a case-by-case basis. The ultimate question is whether the trial court’s conclusions are unreasonable. |
| Child and spouse support: | The trial court has to consider properly the requirements of the Rules of Civil Procedure Governing Actions for Support, and the trial court’s judgment cannot be manifestly unreasonable or the result of partiality, prejudice, bias, or ill-will. |
| Alimony: | The purpose of alimony is not to reward one party and punish the other, but rather to meet the reasonable needs of the person unable to support himself or herself. Such reasonable needs are in accordance with the lifestyle and standard of living the parties established during the marriage as well as payor’s ability to pay. |
Estates and trusts
The trial court’s findings must be free from legal error and must be supported by competent and adequate evidence.
And the court’s findings cannot be based on arbitrary disbelief of competent and credible evidence.
Also, there is no limit to the appellate court’s review of the trial court’s conclusions of law.
Real estate matters
Real estate matters are largely governed by contracts, such as agreements of sale and leases. Therefore, like any contract, such contracts can be misinterpreted or modified by trial courts, thereby creating a basis for an appeal.
Contact
In Pennsylvania, most trial court decisions can be appealed.
If you believe a trial court’s decision is wrong or improper, I can advise you on whether an appeal is worthwhile.
From my office in King of Prussia, I am ready to answer your questions and help you move forward. Contact me today to find out more.
Anthony J. Vetrano
Suite 410
455 South Gulph Road
King of Prussia, Pennsylvania 19406
Phone: 610-265-4441
Fax: 610-265-1120
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