David Greco of RMO LLP. Courtesy photo.
The first question most clients ask when losing in probate court is, “should we appeal?” Most often, the answer is, “maybe.”
An appeal is not a retrial. Instead, they review the lower court’s decision for legal errors and—in rare circumstances—factual error. Fact-based appeals are rarely successful because the appellate courts consider trial judges to be in the best shoes to determine the credibility of witnesses and weigh the facts. The Courts of Appeal presume “that the record contains evidence to support every finding of fact.” Marriage of Fink, 25 Cal. 3d 877, 887 (1979).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
