Appellate law is a specialized area of law and practice. While trial courts resolve both factual disputes and legal issues, appellate courts only resolve legal questions. Further, the standard of review depends on the type of issue brought before the Court of Appeal, with the presumption that the ruling of the trial court was correct. In other words, an appeal is not a retrial or an opportunity to review the weight of the evidence.
At de la Peña & Holiday, we provide an honest and thoughtful evaluation of issues on appeal, applying our appellate experience to determine the context of the ruling, the applicable standards of appellate review and the likelihood of winning or reversal on appeal. We know that appeals are primarily won by persuasive and well-supported briefs.