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You are here: More Topics > Landlord/Tenant > Questions & Answers > What happens after the unlawful detainer case is over? Can the losing party appeal the court's judgment?
In some cases, either landlords or tenants may appeal the judge's decision if they are convinced it is worth their effort and time. However, not all judgments, and not all issues in the trial, can be appealed.
Determining whether a judgment can be appealed may take some research, and an attorney's evaluation may be very helpful.
Before you contact an attorney, it might be helpful to understand several things:
- The filing of an appeal does not automatically stop the eviction.
- The appellate court can only decide if there were mistakes of law made by the trial court that were serious enough to have prevented you from having a fair trial. And those trial court mistakes must be found to have made the outcome of the trial substantially different than it would have been without the mistake.
- The appellate court cannot retry the case. No witnesses can be heard, and the court cannot consider any evidence that was not presented at trial. It cannot consider conflicting evidence or choose to believe you instead of the other witnesses. The court cannot review questions of fact.
- There are strict time limits for filing an appeal.
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Last modified: 03/17/2008
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