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What happens if the appeal court remands the case?

Coral Gables, FL |
Filed under: Lawsuits and disputes

We are the plaintiffs in a civil case . Just before the trial , the court dismissed the case . However , before the court dismissed , it ruled on some important issues . For example it ruled that neither side could introduce expert witness testimony . This is very bad , because this expert testimony is legitimately needed . We are going to appeal . If the appeal court remands the case for trial , does this order regarding experts and other orders stay in place ? Can we appeal all these orders along with the dismissal order ? All the orders , including the dismissal order were done without a written order , it's all contained in the transcript of the hearing only .

Attorney Answers 3

Posted

If the case is remanded for a new trial, it would generally be a whole new trial. However, an appellate court can issue a remand with whatever instructions it sees fit to give the lower court. The appellate court's written opinion generally gives guidance.

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Posted

It will depend on the wording of the remand.
This is generally the same for any jurisdiction.
You might also read the remand decision for indicators of the appellate court's views on the issues.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Posted

Generally speaking, all orders entered before the final order of dismissal, are likewise subject to appeal. That is to say, you can raise issues regarding those orders on an appeal from a final order. As long as you have a transcript, it should not matter whether they were ore tenus or written orders. My concern though is that you state "we are going to appeal." Are you implying that you already have an attorney on board? If so, unless you have reason to doubt your attorney and seek an office consultation with another, your attorney's advice should be considered to trump whatever advice you receive here.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.

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