How to Appeal from a Summary Judgement

[violette]

Can someone as an individual appeal a summary judgement? IF so how do you do it, and can we enter evidence that we thought our lawyer had given to the court? We find after getting the summary judgement documents that our lawyer didn't represent our interest.

[KeyWestDan]

Were you not there for the hearing? Normally a summary judgment is based on the evidence and law. Usually there is testimony, etc. To attack on just the law, a motion to dismiss is used.

You have two issues. You can file a motion for rehearing. Long shot. You can file a notice of appeal. There are strict deadlines for filing these. Check your state's civil rules of procedure and appeals court rules.

If you can get the judgment reversed, then you get another shot in the trial court. If you end up winning in the end, then you could possibly sue your first attorney for malpractice.

A big issue is if the dismissal was properly based upon the law. You'd need an attorney in your state to tell you that.

[Mr. Knowitall]

You can appeal an adverse judgment that results from a motion for summary judgment. Review the court rules for your undisclosed state to determine the procedure.

You should not expect that you'll be able to introduce new evidence on appeal. If you have not yet waited too long, you may be able to bring a motion for rehearing or reconsideration; it can be difficult to do so based upon evidence you could have presented to the court prior to its adverse ruling. You would benefit from being represented by a different lawyer in relation to any effort to reopen the proceedings, to try to expand the record for appeal, or for prosecuting the appeal itself.

If your lawyer did not handle your case properly, consider having your case reviewed by a lawyer who handles legal malpractice litigation.