Tag Archives: appellate practice

Cite the Record on Appeal

Common Mistakes in Appellate Practice and How to Avoid Them” — a talk by Attorney Mark Fulks — highlights seven mistakes that he often sees in appellate practice. The audio is here:

 

The mistake that hit home with me is drafting a brief without reviewing the transcript or citing the record. Continue reading

Additional Sustaining Grounds on Appeal: Only Winners Need Apply

l am privileged to help defend a multimillion-dollar judgment against an appeal. When my friends who tried the case asked for help, I first looked to see what issues were in play. In South Carolina, that means locating those issues that were raised and ruled on in the trial court. So I worked through opposing counsel’s lengthy post-trial motion and the order denying it.

scratching headSo far so good. But then the opening brief came in. Smack in the middle of it was a brand new attack on the judgment. Surprised, I went to double-check the post-trial motion, thinking the issue was buried in there somewhere, but then I saw that the opening brief described the point as an “additional sustaining ground.” And I smiled, confident that the issue will not be heard. Continue reading