Navigating Appeals with Precision: The Blaska Advantage

Appellate Courts Define the Law and Correct Errors

When a case goes up on appeal, the appellate court is being asked whether the trial court made mistakes and whether those mistakes should be corrected. The appellate court reviews the procedures and decisions of the trial court, analyzes the facts from the record and applicable law, and issues an opinion in which it states whether the proceedings were fair and that the proper law was applied correctly by the trial court (typically guided by the appellate court’s previous decisions).

The appellate court then affirms or reverses (in whole or in part) a trial court’s ruling, and the case may be remanded to the trial court for further proceedings. They are a check and balance on a trial court’s power and a necessary part of the judicial process.

Our Expertise with Appeals

Our attorneys have experience with both civil and criminal appeals. Unlike most firms, our attorneys handle appeals associated with our cases in-house. This includes issue spotting and preservation before and during the pendency of litigation and trial, drafting necessary motions and briefs, and making oral arguments in appellate courts.

Our firm has received several favorable opinions from Georgia’s appellate courts in complex cases with issues of first impression. Some recent examples are:

• Duff v. Board of Regents of the University System of Georgia, 341 Ga. App. 458, 800 S.E.2d 640 (2017). In this premises liability case, we appealed the trial court’s grant of summary judgment to defendant Board of Regents of the University System of Georgia. We contended, on behalf of our client, Mollie Duff, that the trial court erred by concluding that rainwater on the floor where she slipped was not, as a matter of law, a hazardous condition. The Georgia Court of Appeals agreed with us and, as a result, reversed the trial court’s decision.
• Stelly v. WSE Property Management, LLC, 350 Ga. App. 627, 829 S.E.2d 871 (2019). In this trip-and-fall suit against a property owner and the property management company, the trial court denied the owner’s motion for summary judgment but granted summary judgment to the property management company. We appealed on behalf of our client, Nelda Stelly, arguing that the management company had sufficient control of the premises to owe her a duty to keep the premises safe, as well as a duty to warn her about the unsafe handicap ramp upon which she tripped. The Georgia Court of Appeals agreed with us and, as a result, reversed the trial court’s decision.
• Adventure Motorsports Reinsurance, Ltd. v. Interstate National Dealer Services, 313 Ga. 19, 867 S.E.2d 115 (2021). In this case involving an arbitration award, we asked the Georgia Supreme Court to reverse the Georgia Court of Appeals’ opinion that an arbitrator manifestly disregarded the law in awarding our client almost half a million dollars in damages. The Georgia Supreme Court agreed with our position and reversed the Georgia Court of Appeals in what is currently the leading case on arbitration in Georgia. In addition, the Georgia Court of Appeals subsequently determined the arbitrator did not overstep his authority and affirmed the trial court’s confirmation of the arbitration award in favor of our client. 365 Ga. App. 636, 879 S.E.2d 817 (2022).

When researching to find a litigation firm to take your case, be sure to ask whether a firm handles its own appeals, and if so, whether a firm has received any favorable opinions. Knowing how to identify, preserve, and win an appeal is like the ability to see into the future, and it can add substantial value to a case.

Experienced trial attorneys have the ability to see what is coming so that they can prepare how best to deal with it before it arrives. Experience is earned, and experience is what our firm offers.

We Can Help You with Georgia Court Appeals

Need help with an appeal? Contact Blaska Holm’s knowledgeable team of attorneys. Call 770.998.1005 or reach out to us online to schedule your free initial consultation. There is no obligation to accept our services.