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

Capitalization rate used to convert the expected income derived from a property into its estimated asset value. The estimated asset value may be computed by dividing the annual income ...

Same as term real estate investment trust (REIT): Type of investment company that invests money in mortgages and various types of investment in real estate, in order to earn profits for ...

The total destruction, razing, tearing down, breaking into pieces or pulverizing of a structure on a building site. Demolition usually occurs when clearing a building site either as ...

In valuing real estate, substitution is the principle that the market value of a property can be relatively accurately estimated by determining market value of similar properties in the ...

Corporation having only one person, A corporation sole is primarily used for the purposes of a nonprofit ecclesiastic church related organization. Ina church, the corporation sole is headed ...

What is the ANSI (American National Standards Institute) Standard? Before arriving at the definition of ANSI standard, you must know that ANSI stands for The American National ...

Directly enhancing the physical nature of the property such as renovating the building, installing a new driveway and parking lot, and gardening. ...

Financing of a home based on how much equity the homeowner has in it. The interest rate is typically a variable one. ...

...

Popular Real Estate Questions