QUESTION

What are my chances of winning an appeal in small claims court?

Asked on May 16th, 2013 on Business Law - Utah
More details to this question:
My husband and I lost a small claims case with the contractor we hired to do some renovations on our house. I received an estimate from him and we a verbal contract, not a written one. I gave him 2 $2500 deposits, along with purchasing majority of the large expensive items on the estimate myself. He did not finish at the deadline. Wrong items were installed. There are many items done poorly and needs to be done all over again. I never paid or excepted any of his invoices. We disputed it from the beginning. We kept telling him there were discrepancies. He stopped work at that point. He proceeded to file a small claims against us. I made several attempts requesting receipts from him and to communicate with his lawyer. At court, the judge awarded him money even though I had all my receipts, pictures of unfinished and poor work and an estimate from another contractor of how much it would cause to finish and repair his work.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Appeals are based on legal issues, not factual ones.  If you lost your case because the judge believed the contractor's testimony and not yours, the appellate court can't overturn that decision unless there is absolutely no evidence to sustain it, which is very rare.  However, it is possible that the rules are different in Utah small claims court; I am not familiar with them.
Answered on May 16th, 2013 at 11:08 AM

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