Missouri Real Estate Lawyer

There are generally four grounds for appealing a Missouri judgment. One, there is no substantial evidence to support the judgment. Two, the judgment is against the weight of the evidence. Three, the judgment erroneously declares the law. And four, the judgment erroneously applies the law.

No Substantial Evidence to Support the Judgment

The person who files an appeal is called the appellant. In order to show that there is no substantial evidence to support the judgment, the appellant must actually show that none of the evidence supports the judgment. The phrase “substantial evidence” refers to the credibility of the evidence, not the weight of the evidence. Therefore, the appellant must first identify all the evidence in support of the judgment. Then, the appellant must show why none of that evidence supports the judgment. If any credible evidence does support the judgment, then appellant will not prevail under a “no substantial evidence” argument.

In deciding whether evidence is credible, the appeals court views the evidence in the light most favorable to the judgment and defers to the trial court’s determination of the credibility of the evidence. The appeals court gives this deference to the trial court because the judge or jury observed the witnesses and other evidence firsthand. Witnesses do not appear before an appeals court panel. Therefore, appeals court judges cannot judge the demeanor of the witnesses who testified. Appeals court judges can only read the trial court transcript, which is bereft of the nuances of the witnesses’ demeanor, and review the documentary and other physical evidence. As such, the appeals court will typically not consider the credibility of the witnesses, or even the authenticity documentary evidence, as determined by the judge or jury, both of which are free to believe or disbelieve any of the evidence presented at trial. Likewise, the strength of the evidence opposing the judgment is irrelevant under an argument that there is no substantial evidence to support the judgment. Again, under such grounds for appealing a Missouri judgment, the only issue is whether any credible evidence supports the judgment.

Against the Weight of the Evidence

In challenging a judgment on the grounds that it is against the weight of the evidence, the appellant must first describe all the evidence that supports the judgment and all the evidence against the judgment. The appellant must then explain why the evidence in support of the judgment is insufficient when considered in the context of all the evidence. Many appellants fail to identify the evidence that supports the judgment. Those who do identify such evidence often fail to adequately explain why it is insufficient in the context of all the evidence.

Like appeals based on no substantial evidence, the appeals court, when reviewing an appeal on the grounds that the judgment is against the weight of the evidence, views the evidence in the light most favorable to the judgment and defers to the trial court’s determination of the credibility of the evidence. Additionally, a “weight of evidence” appeal is a challenge to the persuasiveness of the evidence, not the quantity of the evidence favoring or disfavoring the judgment.

Erroneously Declares or Applies the Law

Appeals courts defer to trial courts’ findings as to the credibility of the evidence. They do not defer to the trial courts’ interpretation of or application of the law. As such, appeals courts will review the language of the law and apply it to the relevant evidence. If the judge misstated the law, then the appeals court will correct the misstatement and apply it to the evidence. That may or may not result in a different outcome. Likewise, if the trial judge correctly stated the law, but misapplied it to the evidence, then the appeals court will correct that application, which also may or may not result in a different outcome.

The cost of legal fees to appeal a judgment can be significant. Additionally, there is a substantial risk in posting a bond to stay execution during the appeal. Therefore, careful consideration should be given to both the grounds for appeal and the posting of a bond. Simply disagreeing with the court’s weighting of the evidence is often insufficient grounds for appealing a Missouri judgment. A judge’s application of the law is typically better grounds for appealing a Missouri judgment. Regardless, careful consideration should be given to posting a bond, which the trial court could award to a respondent who wins on appeal.

This article is for general informational purposes only, it is not intended as legal advice, and the information provided in this article may not apply to your particular circumstances. This article also does not discuss all types of trial court judgments. Therefore, you should not rely on the information provided in this article when appealing a Missouri judgment. Instead, you should consult an attorney experienced in the Missouri appeals process for advice and guidance on your particular matter.

Michael John Sewell provides representation in real estate and business law matters. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.

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