I was involved in an Estate Litigation for over two years.We won our case. Motion for summary judgement granted.The judge cleearly outlined all of the reasons and cited court cases. Objectants had no proofto back up their claims. tens of thousnas of dollars later, we found out objectants have thirty days to appeal. Can you explain how this process works, and in your proffessional opinion, how many cases are overturned after appeal?we will be getting our letters soon. do we just stop everything and do nothin for the 30 days.?After the 30 days passes, if nothing heard, does that mean cas finally over... It has been a long painful, two years.Thank you so muh!
Country relating to Question: United States
State (if USA): New York
Thanks for your question and good evening.You are correct that the other side would have thirty days to file such an appeal of the judge's order granting the summary judgment.If they appeal your lawyer would respond to it and represent you in such an appeal.The success rate of such an appeal is very low .Very few of such cases that are appealed result in the order being overturned by the court of appeals.If the other side here does not appeal the order would become final and you would then be able to proceed.In your case since the judge granted the Summary Judgment it's very, very unlikely that the appellate court would reverse the trial court.Moreover, you have to understand that a trial court won't grant such a Summary Judgment unless it's very clear in your favor because they absolutely hate being reversed on appeal and such reversals are rare.Again that's another point in your favor.Your lawyer here will likely go over the process and keep you current about whether the matter has been appealed or not.Many times the other side because of cost and odds of success decide not to pursue such an appeal.If the summary judgment was granted this is considered a final order and this would be a regular appeal of such an order.Referencehttp://www.nycourts.gov/ctapps/coacase.htmMore http://www.nycourts.gov/ctapps/appealsfaq.htmAnd you may be awarded lawyer fees and costs if they do appeal and you prevail on appeal.
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Texas lawyer for 29 years in Estate law
If case is brought to appeal, will/could this be a long drawn out process?
Could/would an appeals court Judge look at objectants claims and stop it righ there.
If he feels surrogates cour judge ruled correctly?
or does this work like surrogates court objectants respond, we respond to them etc..
Could an appeals court look at information presented, and make a determination
Do they take lower court's decision into strong consideration?
Than you so very Much!
it's just been a long two years!!
Would any lawyer take on a case like this for objectants, or would some not based on Surrogate court;s decision?
Thank you again!
The appeals process here can take another year or longer.It is not necessarily a quick process.The court very much would look at the record and ruling below and the other side has burden to show there was an error and that they should prevail.I hope that the other side will not appeal because of the the cost involved but all you can do is wait and see.I would stay in contact with your lawyer every couple of weeks.The other side would need a paid lawyer and an appeal like this could run them say $10k easily.It would not be a cheap undertaking and these are not contingent fee kinds of cases due to low success rates.Appellate lawyers generally get their entire fee paid upfront.
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