Practice Areas

Appellate Practice

Overview

In addition to trial court litigation, Dungan & LeFevre’s Civil Litigation Practice Group also handles appeals of decisions in state and federal courts. Our attorneys have prosecuted a variety of appeals in Ohio appellate courts as well as the federal courts of appeal for the Sixth, Fourth, and Third Circuits.

When and Why to Appeal

An appeal is not a re-trying of your case; in fact, no jury is present for an appeal. Basically, an appeal is an argument to a higher court that something went wrong in your original trial.

When might you want to appeal a court ruling? One really simple way to tell: you lost. The ultimate decision of the jury or the trial court might have gone against you or the trial court might have ruled against you along the way regarding an important issue, which affected the outcome. Either way, such mistakes can open your case for an appeal.

A mistake in law occurs when the judge has not accurately interpreted the law or followed court procedures during a case. Examples include throwing out relevant evidence, giving the jury incorrect instructions, or awarding an amount that is excessive or beyond lawful limits. These mistakes in law often result in bad rulings, and they create the opportunity for attorneys to appeal your case.

The Dungan & LeFevre Difference

When you bring your case to Dungan & LeFevre, we offer a fresh, experienced perspective on the trial records and your chance for a different outcome. We are not content to simply repeat trial court briefing at the appellate level; that adds nothing new to your case and does not make a strong appeal. Instead, we review your trial records, research relevant case law, and efficiently focus the issues and arguments on appeal to those that are truly important.

At Dungan & LeFevre, we combine our review of your trial, research into case law, and discovery of mistakes in law into a compelling case for appeal. Basically, what we do is prepare a full analysis for the appellate court, pointing out what went wrong in your trial, how those mistakes resulted in an unfair decision, and why the appellate court should overturn the lower court ruling.

So why trust Dungan & LeFevre with your appeal? Because we bring a lot of experience to the table. For example, Steve Justice is a former judicial clerk for the Honorable Nathaniel Jones of the U.S. Sixth Circuit Court of Appeals. His direct experience with the federal court of appeals and with the state court of appeals is a valuable resource for Dungan & LeFevre’s appellate practice—which means it’s a valuable resource for you.

Our Appellate Attorneys

In addition to Steve JusticeJames Brookshire, Michael Jurek, and Michael Rice are the attorneys in our firm who practice at the appellate level.