Free Consultation and Evaluation

OUR OFFICE WILL PROVIDE YOU WITH A THOROUGH

WRITTEN EVALUATION OF THE SUMMARY

JUDGMENT AT NO CHARGE

If you provide us with the pleadings and the decision filed in the Superior Court in connection with the Summary Judgment (or we retrieve these documents online or at the Court House) we can and will provide you with a thorough written evaluation of the Summary Judgment and your chances on appeal.

The question that is answered in a Summary Judgment is not “Who’s facts are most likely to be true ?” but “Does the law permit this case to go to trial ?” The Court of Appeals will look at the presentations made to the Superior Court as if the Court of Appeals was the first to see the motion, that is “with a fresh set of eyes” and they will try to find a way to overturn the judgment against you. The Court of Appeals can consider new arguments that were not made in the Superior Court. Very often what appeared to be a “hard and fast” rule of law to the Superior Court is in fact a rule that did not apply exactly in your case or is a rule that has an exception based upon your facts or that can be avoided by way of other legal principles.

The party that lost a summary judgment may have a case that would win on appeal and would win at trial, or he/she may have a case with legal and factual problems that should not be appealed. When it comes to appealing a Summary Judgment a party’s “gut feelings” concerning their case are no substitute for a thorough evaluation by an attorney.