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How much punitive damages can we get in appellate division if we win the appeal?

Los Angeles, CA |

We will use writ to remove the previous error appeal judgment and file a new appeal at high level appellate division with attorneys. Can my attorneys receive their legal fees from Judge awards? Can we receive punitive damages due to the previous Judgment had serious error and the defendant harmed us seriously.

Attorney Answers 3

  1. The appellate court will not award attorney's fees, and it will not award punitive damages. Those are questions for the trial court to decide, assuming you win on appeal and the judgment is reversed.

  2. The appeals court only reviews what happened in the trial court. The appellate court has no jurisdiction to award punitive damages or attorney fees. If the appellate court finds that there was error, it will remand the case to the trial court for a new trial or determination on the errors.

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  3. To back up my colleagues and address your additional comments: an appeal at the appellate division is not a new trial, and the appellate division does not award damages, Instead it reviews the decision of the trial judge - no new evidence and new damages. The appellate division simply affirms or reverses the decision of the trial judge or jury; if the trial judge or jury awarded punitive damages, the appellate division can affirm or reverse that as well. Nor are you entitled to punitive damages on the basis that the trial judge made a legal error.
    My response assumes that your strategy (using a writ to "remove" the prior judgment and file a new appeal) makes sens, and that you have the right to an appeal. I am sorry to inform you that It does not makes sense to me as an experienced appellate attorney.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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