Probate
Aug. 31, 2020
Prevailing parties in trust and estate litigation can defeat an appeal before it is filed
A party who prevails at trial in a civil action must often wait years as the case winds through the appellate process before enjoying the spoils of their hard-fought victory. While inconvenient and unsatisfying to say the least, this is the price we pay to provide civil litigants a meaningful opportunity for appellate review and to protect the appellate courts’ authority to grant meaningful relief.
Kevin P. O’Brien
Senior Counsel
Hartog, Baer & Hand
Email: kobrien@hbh.law
Kevin is a senior counsel on the firm's litigation team.
A party who prevails at trial in a civil action must often wait years as the case winds through the appellate process before enjoying the spoils of their hard-fought victory. While inconvenient and unsatisfying to say the least, this is the price we pay to provide civil litigants a meaningful opportunity for appellate review and to protect the appellate courts' authority to grant meaningful relief. A party appealing a judgment that allows their opponent to take posses...
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