APPEALS AND WRITS.
The appellate lawyer must persuade on the strength of the written word. An appeal is a battle is largely fought on paper. The paramount skill is written argument. The oral argument, if any, may last less than 15 minutes. The facts are generally deemed to be those that were found true by the trial court. Appellate work in contrast to trial work, involves a pure analysis of the law. The appellate lawyer performs a penetrating analysis to identify legal error. In making your decision whether to appeal you should understand that appeals are in fact very difficult to win. An appeal must convince the higher court that an experienced judge, or attorney, or jury has made such a serious error that it affected the entire outcome of the case.
San Diego County appeals lawyer Audrey Powers Thornton, is an experienced and dedicated appellate lawyer with over 30 years of experience writing appeals in both state and federal courts. She is an adept thinker and a persuasive advocate, who easily states: “I feel confident that my legal writing skills are exceptional.” She is willing to fight against the odds to obtain justice for you if she finds a meritorious issue to raise in your appeal.
Thornton Koller’s appellate practice includes preparation and argument of Civil Appeals in the California Court of Appeals, Ninth Circuit Court of Appeals and U.S. Supreme Court.
Recent Appeals, Writs, And Published Decisions:
- Writ of Mandate granted by Fourth District reversing the trial court’s order disqualifying client’s attorney (2015).
- Reversal on appeal of judgment dismissing doctor and hospital on claim of immunity in medical malpractice lawsuit – published decision interpreting liability under W&I Code 5278 providing for 72-hour hold. Gonzalez v. Paradise Valley Hospital (2003) 111 Cal.App.4th 735.
- Reversal on appeal of defense judgment after trial in dispute between a wholesale automobile dealer and financing company for fraud and conversion.
- Lopez v. McDonalds (1987) 193 Cal.App.3d 495, wrote successful MSJ and defended on appeal, setting precedent in landowner liability dismissing $24 million in claims.