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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

Posted

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.

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Posted

I saw many punitive awards on the appellate division online. How to explain it?

Charles Richard Perry

Charles Richard Perry

Posted

Without knowing what you are looking at, it is not possible to explain anything. However, the appellate court is not going to award punitive damages. It might confirm an award of punitive damages from the trial court, but it is not going to add punitives on its own. Quoting Avvo <email@mail5.avvo.com>: > > ---------------------------------------- This email was sent > by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, > USA We respect your right to privacy - visit the following URL > to view our policy. ( > http://click.mail5.avvo.com/?qs=8175de1e48ce52e9bd7b107c37611dfd9347aa1a7c5a3852d8b730f5c0306f4ba416cb49ca5ee9aa ) > ---------------------------------------- >

Posted

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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Asker

Posted

Will have a Jury trial?

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Posted

I saw many large punitive damages awards and attorney fee awards on the appellate division, how to explain it?

Antoinette Cara Liewen

Antoinette Cara Liewen

Posted

No jury trial in the appellate court.

Posted

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.

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Asker

Posted

Why you think I can't file a writ to remove the error Judgment and file a new appeal? My strategy was recommended by other several lawyers.

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