Evans Kingsbury LLP

A petition for a writ of mandamus is usually sought when a decision is not appealable. A writ petition seeks immediate appellate review, without waiting for the final judgment in the case. Most petitions for writ of mandate are summarily denied unless they address an important issue or law or there is an immediate danger of great prejudice to the rights of the petitioner. Consult a qualified attorney about whether an appeal is necessary or whether to proceed with a petition for a writ.

Usually, the appellant must file a Notice of Appeal within 60 days of service of Notice of Entry of Judgment or within 180 days of the entry of judgment, whichever is first. If the Notice of Appeal is not filed in time, the Court of Appeal does not gain jurisdiction. It is important to have a qualified attorney review your Judgment to determine when your Notice of Appeal should be filed.

When an appellate court affirms a trial court’s decision, it means that the appellant loses the appeal and the trial court’s decision becomes final.

Most often, the trial judge’s decision is either sustained, reversed, or reversed and sent back to the trial judge for further proceedings consistent with the appellate court’s opinion. Sometimes a trial court’s decision is upheld in part and overturned in part. The appropriate relief depends entirely on the circumstances of the case, so an attorney should be consulted for advice on the specific relief to be sought in the Court of Appeal.

The Court of Appeal is most likely to overturn a trial court’s decision when the trial court was wrong on the law and the trial court’s error of law caused prejudice to the appellant. Appellate courts do not like to reverse trial judges where the trial judge listened to the testimony of the parties and the witnesses and exercised discretion about which witnesses to believe and not to believe, unless the trial judge made an error of law.