appeal on "law" not "fact" ??

What is the name of your state? VT

I was the plaintiff in a small claims case and lost. In Vermont, one can appeal but be heard on "the law, not the facts", according to NOLO.

1. What does that mean exactly?

2. Does the losing party of the appeal have to pay the legal fees of the winning party?

Thank you for your answer.

What does that mean exactly?

It means if the judge made a mistake, like quoting the wrong case law when making the decision, or in disallowing evidence that should have been allowed to be presented, that is reversable mistake and can be appealed.

What can't be appealed is that the other party lied, they won or some other fact not based in the law.

Does the losing party of the appeal have to pay the legal fees of the winning party?

If they asked for and were awarded legal costs then yes, Otherwise, no. Look at the decision signed by the judge for that information.

Thank you for your prompt reply, Hexeliebe.

They did not ask for attorneys fee (thankfully, since the judge gave them everything but the kitchen sink.) But they may at an appeal, and it seems logical the losing party should pay the winner the fees (or else, what is to stop anyone from appealing just as revenge??) I did not have a lawyer with me, but they did.

I feel like the gambler that loses at a casino, and in a fit of emotion starts doubling-down instead of walking away. I don't know if the sting is worse financially (I am out $4,000) or emotionally (feel frustrated and ripped off.)

There is a possiblity of appealing on case law. Is it difficult to win an appeal without a clear and obvious error or omission by the judge? I would do the appeal with an attorney this time.

Thanks again.
(By the way, what does "Hexeliebe" stand for?)

An appeal that is based on 'reversable error' such as I explained above is 50/50. Sometimes the appeal court remands the case back to the original court with instructions on what to base the decision on, sometimes the appeal is denied based on the fact that although the error occurred it did not create a different outcome than would have been found without the error and sometimes the appeal is upheld which means the original court must correct the error.

Any way it goes, the costs are way more than the $4,000 you have lost, then there is attorney fees and costs.

Unless it's a slam dunk, walk away from it, lick your wounds and then get on with life.

As for hexeliebe, it's the combination of two German words which you can find out by doing a search online

[JETX]

"What does that mean exactly?"
*** That means that any appeal must be made SOLELY on an issue of law that was either not applied or was applied in error by the court. An appeal cannot be made simply on the facts presented.

"Does the losing party of the appeal have to pay the legal fees of the winning party?"
*** That would depend on the specific claims of the appeal, but in most cases, yes.

"Thank you for your answer."
*** You're welcome.

Originally posted by hexeliebe


***Unless it's a slam dunk, walk away from it, lick your wounds and then get on with life.

It is not a slam dunk, that is sure. This is good advice.

I can also look at this as a $4,000 course in law, life, and psychology (like when I had the $2,000 settlement offer and was too angry & proud to accept it!!)


***As for hexeliebe, it's the combination of two German words which you can find out by doing a search online

OK, I give up. I searched online but only got German sites. Am thinking "Hexe" might mean six (hexagon...) and "Liebe" has something to do with reading (library) or libel (?)