What are the odds of winning an appeal of Summery Judgment?
I have a case that seemed so stong, the lawyers not only took it on contingency, they even paid for court cost but I will be responsable if they loose. Which at this point, they did. They hired experts, and had depostions that have now cost more then a luxury car! We were getting close to setting when the other sided requested a summery judgment. To everyone's surprise he granted the judgment in thier favor and I am now stuck with either a 25,000 or more cort cost to walk away or stay and fight.
They are so sure the judge didnt read the facts carfully becuse they specalize in an area he only has a general understanding on that they have offered me to appeal on contingency, but here is the catch, they want me now to pay an expert out of pocket charging $25,000 who would oversee thier work since he specalizes in Appeals.
My questions is what are the odds of overturning this judment so we can settle or go to trial?
I should point out that I have read both sides arguments and the judges decision. To my surprise, the other side really put together an elegant story line that seems very plausable but leaves out a lot of facts. My side just seemed to ramble quoting my statmenst way too often and it wasnt till I got to the actual case law he listed that it really seemed like he was right. It looks like the judge just looked at the first part. I was told by a friend that summery judgments are often overturned because they spend more time reviewing the facts and it by a 3 judge panel. I believe the facts are in my favor just the story was not very well written. What do you think are the odds of winning if I appeal? Better yet, what would you do?