APPEALS, WHAT’S AT ISSUE?
When a party files an appeal, the only issues that are allowed to be raised are matters of law. In other words, the only issues that an Appellate Court can consider are legal, not factual issues. This is why most Appellate Decisions affirm the Trial Courts rulings. Over 80% of appeals are affirmed or upheld by the Appellate Court.
Part of the reason why the percentage is so high is that the standard or review is so difficult to overcome. The standard that the party appealing the Trial Courts rulings must show, is an abuse of discretion by the Court.
Needless to say, the standard is very difficult to prove and unless the Court does something that is so egregious, most Appellate Courts are inclined to affirm the Court’s rulings.
