Definition of "Appellant"

Lisa McKeon real estate agent

Written by

Lisa McKeonelite badge icon

Douglas Elliman

The appellant definition references a concept related to legal proceedings. The appellant is the individual who is dissatisfied with the judgment in a lawsuit and asks for a superior court to review the decision. In order to appeal a court’s decision, the appellant must show that they have sufficient grounds for an appeal. Without sufficient grounds, they can not challenge the court’s judgment.

What does Appellant Mean?

In order to define appellant, we must understand how general legal proceedings go. For example, if John sues Jane and wins, Jane is allowed to file an appeal if she is dissatisfied with the result of the initial suit. In that case, Jane is the appellant and John is the appellee. If Jane wins the appeal, John can appeal as well, and the roles are reversed. In this case, the word appellant can be replaced by petitioner.

The most common situation when an appellant can appeal a lawsuit is if they lost in the trial court and appeal to the supreme court for a reversal or modification of the trial court judgment. The status of the appellant isn’t relevant as either plaintiff or defendant can become appellants. Similarly, it doesn’t matter if the appellant won or lost the case. If they have enough grounds to appeal the court’s decision and ask for a superior court to review the decision, they can.

How can one Become an Appellant?

As stated above, a trial court has to occur where one of the parties is dissatisfied with the result. Either the plaintiff or defendant can have grounds for appeal, even if they win the case. The decision to appeal comes from that dissatisfaction or the belief that the court made a mistake. Whether the appellant lost the case at the lower court level or won and was unhappy with the lower court’s decision, they can appeal to a higher court to review the decision.

Some legitimate legal grounds for an appeal are jurisdiction, jury instructions, evidentiary error.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Evaluating a locality to determine its value and appropriateness for designated objectives. ...

Income for investors arising from net long-term profits of a real estate mutual fund realized when the portfolio is sold at a gain. Fund managers pass on profits from sales of real estate ...

(1) Any asset purchased for use in production over long periods of time rather than for resale. It includes land, buildings, plant, and timber reserves. (2) In taxation, property held by a ...

Recording an expenditure having a benefit of more than one year to the cost of the property. ...

Legally proper instrument under seal that transfers title to real property from the seller to buyer. ...

A floor where the binding joists support the common joists above and the ceiling below. ...

Bond whose interest is free of federal, state, or local tax in the state of the issuer. It is typically a municipal bond of estate or county agency. For example, a New York City resident ...

A court order on an issue directly related to the immediate action. ...

An upper limit on the interest rate that can be charged in a variable rate mortgage over its life. For example, a variable rate loan is initially offered at 7% loan rate, and its interest ...

Popular Real Estate Questions