Appeals Lawyers For State & Federal Courts

After a case has concluded before a lower court, additional proceedings can occur before higher courts. However, these appellate proceedings require a vastly different approach than trial proceedings and are best handled by advocates familiar with the nuances of appellate practice.

The Van Winkle Law Firm has a long and storied history of appellate practice. Since its founding in 1907, our firm's attorneys have represented hundreds of clients before North Carolina and federal appellate courts. These cases have involved a wide range of subjects, from civil rights and governmental liability to creditors' rights, business and commercial law, personal injury, products liability, worker's compensation, wills and estates, and real estate and property rights. Contact our North Carolina law firm today to schedule a consultation with an experienced appellate attorney!

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What Is A Court Of Appeals?

A court of appeals, commonly referred to as an appellate court, is a court of law with the power to hear an appeal of a lower court. The North Carolina General Statutes define the role of appellate courts in § 7A-26, stating " The Supreme Court and the Court of Appeals respectively have jurisdiction to review upon appeal decisions of the several courts of the General Court of Justice and of administrative agencies, upon matters of law or legal inference…" Keep in mind, appellate courts do not retry cases nor accept new evidence. These courts merely review the decision of the trial court to ensure that the proceedings were fair and rulings were applied correctly.

What Makes A Case Appealable?

Not every case can be appealed, and parties being dissatisfied with a court's decision will not automatically allow for an appeal. For an appeal to move forward, parties must cite specific instances where they feel a mistake was made in the trial procedure or in the interpretation of the law by the trial judge that presided over their case. Essentially, parties must reasonably argue that had a judicial mistake not been made, a different conclusion would have been reached in their trial case. Filing for an appeal is a complicated and delicate legal process. Accordingly, parties considering filing an appeal should be sure to reach out to an appellate lawyer with our firm for valuable legal guidance.

Appellate Attorney Referrals

In addition to working with clients whose matters have proceeded to appeal, our firm's appellate attorneys are available to consult with and/or receive referrals from counsel in other firms who prefer to focus on trial or transactional matters. Contact us today to schedule a consultation with our experienced appellate attorneys!