Why are cases remanded

On remand, your opponent argues that the appellate court actually affirmed the dismissal of one the claims that was clearly remanded for trial.

The lower court accepts that argument. What do you do? You are facing the injustice of being denied the victory you just won in the appellate court. You know you can return to the appellate court again—someday—as of right. But if that return trip does not happen until after trial, you will waste substantial time and resources on the erroneously-limited trial. Fortunately, appellate courts take this issue very seriously and will entertain interlocutory appeals to ensure that lower courts obey their commands.

Case law is clear that the mandate must be followed to the letter. In New Jersey, for example, the leading case on this issue, Flanigan v. Brennan less than a year before his elevation to the U. Supreme Court. In , in Deborah Heart and Lung Center v.

Virtua Health, Inc. Having the right legal resources and understanding the appeals process will help you get the outcome you want in your family law case. Trial lawyers may understand family law, but they can often lack the skills and experience needed to deal with appellate courts. Choosing the wrong attorney can lead to issues related to the required procedures, deadlines, and the presentation your argument.

Any errors made by your attorney could result in the dismissal of your appeal. This is especially true when an appeal has been remanded.

These and other mistakes may cause the appellate court to dismiss your appeal. Many issues can arise when dealing with appellate courts. Being prepared protects your interests and helps you navigate the appeals process and overturn the original ruling in your case. So it must be factored in whether a successful appeal means the case is going to the same judge who committed error in the first place. Many times a trial judge may simply follow what the Court of Appeal stated and reach the same decision as before if there is some flexibility given by the Court of Appeals.

However other times the remand language from the Court of Appeals is so specific that the judge must decide the case differently. It is all dependent on the direction of the Court of Appeals in its opinion. Perhaps the best result is a reverse and render. In this case the trial court really is ordered to take only one action as directed by the Court of Appeals.

For the person appealing, this is the best and most desirable result. It is very good to evaluate the appeal issues and determine if they might result in a reverse and remand, and require new hearings or new trial in front of the same trial judge that made the error and more spending on litigation , or might they result in a reverse and render which means that the case will just be simply sent back to the trial judge to enter the new judgment directed by the Court of Appeals.