When someone believes a trial court made a mistake in their case, they can ask a higher court to review the decision. The person filing the appeal is called the appellant. In Missouri, there are three main reasons why someone may file an appeal. These are lack of substantial evidence, judgment against the weight of the evidence, and an error in applying the law.
- Lack of Substantial Evidence
An appeal based on lack of substantial evidence argues that the trial court’s decision was not supported by any credible evidence. “Substantial evidence” means believable evidence that a reasonable person could rely on. The appellate court reviews the record in a way that favors the original judgment and usually defers to the trial court’s view of witness credibility. Since appellate judges only read transcripts and do not see witnesses in person, they rarely question the trial court’s credibility findings. If any credible evidence supports the judgment, the appeal will not succeed.
- Judgment Unsupported by the Overall Evidence
This type of appeal argues that the decision made by the trial court does not fit with the total evidence presented during the case. To succeed, the appellant must identify both the evidence that supports the judgment and the evidence that challenges it, then explain why the supporting proof was not strong enough in the broader context. The appellate court still gives the benefit of the doubt to the trial court’s findings and respects its ability to determine which witnesses or evidence were most convincing. This type of argument focuses more on how persuasive the evidence was rather than how much evidence was offered.
- Misstatement or Misapplication of the Law
Appellate courts give respect to the trial court’s factual findings but not to its legal conclusions. If the trial judge incorrectly stated or applied the law, the appellate court can correct that mistake. Depending on the review, this may or may not change the final result of the case.
Appealing a judgment in Missouri can be complex and costly. Legal fees and the possible risks of posting a bond to delay enforcement of a judgment should be carefully considered. Disagreeing with how the trial court viewed the evidence is usually not enough to win an appeal. Legal errors, on the other hand, often present stronger grounds for review. Anyone considering an appeal should speak with an attorney experienced in Missouri appellate law for proper guidance.
If you believe a trial court made an error in your case, contact Kranitz, Sadoun & Carpenter, P.C. in St. Joseph, Missouri. Our attorneys have experience handling appeals and can review your case, explain your legal options, and help you determine the best path forward.
𝘛𝘩𝘦 𝘤𝘩𝘰𝘪𝘤𝘦 𝘰𝘧 𝘢 𝘭𝘢𝘸𝘺𝘦𝘳 𝘪𝘴 𝘢𝘯 𝘪𝘮𝘱𝘰𝘳𝘵𝘢𝘯𝘵 𝘥𝘦𝘤𝘪𝘴𝘪𝘰𝘯 𝘢𝘯𝘥 𝘴𝘩𝘰𝘶𝘭𝘥 𝘯𝘰𝘵 𝘣𝘦 𝘣𝘢𝘴𝘦𝘥 𝘴𝘰𝘭𝘦𝘭𝘺 𝘶𝘱𝘰𝘯 𝘢𝘥𝘷𝘦𝘳𝘵𝘪𝘴𝘦𝘮𝘦𝘯𝘵𝘴. 𝘛𝘩𝘪𝘴 𝘱𝘰𝘴𝘵 𝘴𝘩𝘢𝘳𝘦𝘴 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘪𝘯𝘧𝘰𝘳𝘮𝘢𝘵𝘪𝘰𝘯 𝘢𝘣𝘰𝘶𝘵 𝘔𝘪𝘴𝘴𝘰𝘶𝘳𝘪 𝘭𝘢𝘸 𝘢𝘯𝘥 𝘪𝘴 𝘯𝘰𝘵 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦. 𝘍𝘰𝘳 𝘨𝘶𝘪𝘥𝘢𝘯𝘤𝘦 𝘰𝘯 𝘺𝘰𝘶𝘳 𝘴𝘪𝘵𝘶𝘢𝘵𝘪𝘰𝘯, 𝘴𝘱𝘦𝘢𝘬 𝘸𝘪𝘵𝘩 𝘢 𝘲𝘶𝘢𝘭𝘪𝘧𝘪𝘦𝘥 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺.