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CIVIL APPEALS AND WRITS
Fry Law Corporation offers a range of services to individuals and attorneys dealing with appeal and writ situations.
Dealing with appeals and writs can make life very difficult. Let our attorneys at Fry Law Corporation help guide you through the laws and advise you on your rights.
Why do we need an appellate lawyer?
Judges don’t always get it right. Whether it’s dealing with a complicated legal issue and it was just misinterpreted law, or, the judge is simply having a bad day (sadly, this happens), judges sometimes get it wrong.
You are in luck! Fry Law Corporation has extensive experience with civil appeals and writs in both Superior Courts (1st District, 3rd District and 6th District to name a few) and Federal Courts (9th Circuit). We have successfully gotten the appellate courts to overturn an incorrect ruling so that our clients may properly proceed with their case.
When you file an appeal, the lower court’s ruling is reviewed by a panel of judges at the appellate level. These judges (or justices), look at the lower court judge’s ruling and review it in a couple different ways.
First, de novo. This means you get a second bite at the apple. Some decisions can be fully re-reviewed. That means an entirely new review. A common example of this is rulings on demurrers. A demurrer is a motion that asks the court to dismiss a case because of some legal technicality (i.e. the law says that even if this is true, it’s not a case, etc.). A ruling on a demurrer gets treated as a brand new review.
Second, abuse of discretion. In some cases, lower court judges have their own discretion to rule on things. For example, if you win a case and file a motion for attorney’s fees, the judge can use his or her discretion to increase or reduce that amount. An appeal of that ruling is a higher standard as the appellate courts want the lower courts to be able to use their discretion freely.
Appeals and writs are different. An appeal challenges a final ruling. A writ, is a highly specialized practice that challenges what are known as interlocutory orders. Those are orders that are made before the final judgment in the case. They are extraordinary, incredibly time consuming and technical. The appellate courts also have discretion to review them entirely and often do not. An example of Fry Law Corporation successfully obtaining a writ was where a bank was foreclosing, the lower court denied the injunction and FLC petitioned the appellate court to stop the foreclosure and it was granted.
For consumers: Litigation is challenging without an attorney, appeals are nearly impossible. Hire an attorney or be sure that your attorney is well versed in appellate law and procedure.
For attorneys: Don’t fall into the trap. Appeals are procedural mazes and can go awry at every turn. Hire an appellate attorney for your appeal, or at a minimum, consult with one along the way.
The facts and circumstances surrounding foreclosure cases make it nearly impossible to provide a general price quote. In most instances, cases are taken on an hourly basis with a retainer deposit payment. However, in certain circumstances, the fees may be flat rate or even contingency (no fee unless you win).
No matter what, Fry Law Corporation strives to ensure everyone has access to an attorney. As such, we offer very competitive rates and in some instances will price-beat competitors quotes.
Very rarely do clients need to go elsewhere because of the cost.
Call, click or email for a no obligation consultation so we can see what works for you.