Free sample motion for reconsideration in florida

Free sample motion for reconsideration in florida trial#

Appellate courts will generally not overturn a factual finding unless it is clearly wrong (вЂњerroneousвЂќ) and the record leaves absolutely no question that the judge was wrong.ДЄ trial judge has a great deal of power to make decisions in a case, with the exception of decisions that are strictly about applying the law. Therefore, a trial judgeвЂ™s factual error is the most difficult to establish on appeal. Because the trial judge has the opportunity to directly observe the evidence through witness testimony and documents, photos, etc., most appellate courts will very rarely second guess a judgeвЂ™s factual findings. In most cases involving domestic violence and family law, there is no jury and the judge serves as the вЂњfact finder.вЂќ As fact finder, the judge must consider the evidence and decide whether or not a certain fact has been proven. Generally, a judgeвЂ™s ruling in the trial court must be based on the facts that are proven at trial. The judge made an error regarding the facts The appellate court will look at the law that was supposed to be applied and decide whether or not the trial court judge made a mistake. Most states have laws setting forth certain factors that must be considered, typically called вЂњbest interests factors.вЂќ If one of those factors is whether or not a parent committed domestic violence but the trial judge ignores domestic violence evidence in making the custody determination, you may have grounds to appeal based on an error of law.ДЄn error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did. For example, in custody cases, a judge must determine what is in the childвЂ™s best interests. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your caseвЂ™s circumstances. Although it may vary by state or by the type of case that you are appealing, typically the grounds for an appeal are as follows:ДЄn вЂњerror of lawвЂќ generally means that the judge in your case applied the wrong rule or вЂњlegal standardвЂќ to the facts of your case.

Free sample motion for reconsideration in florida