Appeals

At times a party is dissatisfied with the ruling made by the trial court and he or she wants to appeal that decision to the Court of Appeals or the Wisconsin Supreme Court.  The Court of Appeals considers all appeals filed at that level.  The Wisconsin Supreme Court may or may not accept an appeal filed for its consideration.  It is important to understand that in both cases, the appellate court is reviewing what occurred previously.  The appellate court does not consider new evidence or testimony. If the appellate court determines that the lower court’s decision should be reversed or the lower court should take certain factors into consideration, the matter goes back before the lower court.

There are many factors that go into a decision to appeal an order.  Some of those are the manner in which the appellate court will review the lower court’s decision, the likelihood of over turning the lower court decision and the time and costs involved in preparing the appeal.   My initial goal when asked to take on the assignment of an appeal is to work through those factors with the party in order to determine with them whether embarking on an appeal is appropriate.