I lost my real estate court case. Now what?

| Feb 10, 2021 | Appeals, Real Estate Law

There are many reasons why you might have had to go to court. Maybe you had a boundary dispute with your neighbor, or maybe you were part of a partition action. Frustratingly, for whatever reason the court held for the opposing party. You have already spent time and money pursuing the first case, but you know that there were some serious errors in the first case that would work in your favor if you could get a chance to address them in court.

If you decide that you want to raise the errors of the first case before a new judge, you can file an appeal in the appropriate appellate court.

There is a set procedure your attorney must follow to appeal a case

The Nevada Rules of Appellate Procedure state that you have 30 days from the time that the final judgment is served to file your notice of appeal. If you miss that filing deadline, you will lose your chance to appeal your case forever.

Appealing a case involves many such rules and deadlines, and it is an incredibly complex process. Not all attorneys are comfortable with appealing cases. If the attorney that represented you in your original trial doesn’t do appeals, you may need to find another attorney who specializes in appeals of real estate cases.

Appeals aren’t a re-trying of the original case

If you don’t like the outcome of your case, you can’t just use an appeal to hold the trail all over again, hoping for a different outcome. The purpose of an appeal is to ask the appellate court to check if there were any errors of law or procedure that occurred in your first trial.

If the court finds that there were errors, and if those errors had an impact on the outcome of the case, then you might get a chance to argue your case again in a new trial.

Consulting an experienced appeal attorney before you consider appealing your case is always a good idea. They will be able to tell you if they think that your case stands a reasonable chance of being successful on appeal. Hopefully, you will be able to protect your rights and your property claim will be resolved in a satisfactory way.