Appellant

Definition

An appellant is the party who appeals a court decision to a higher court, seeking review and reversal of the lower court’s ruling. The appellant is the one initiating the appeal, arguing that the trial court made errors of law that affected the outcome. In contrast to the appellee (the party defending the lower court’s decision), the appellant bears the burden of demonstrating that reversible errors occurred.

How It’s Used in Personal Injury Cases

In personal injury cases, either the plaintiff or defendant can become the appellant depending on who is dissatisfied with the trial court’s decision. A defendant who loses at trial may appeal (becoming the appellant) if they believe the judge made erroneous evidentiary rulings, gave improper jury instructions, or that the damages awarded were excessive. A plaintiff who loses entirely or receives an inadequate verdict may appeal, arguing the trial court committed errors that prevented a fair trial. The appellant files a notice of appeal, pays filing fees, orders the trial transcript, and prepares detailed legal briefs explaining the alleged errors.

Practical Example

After trial, a jury awards you $200,000 for injuries sustained in a trucking accident. The trucking company’s insurance carrier believes the verdict is excessive and that the trial judge should not have admitted evidence of prior safety violations. The insurance company, through its defense counsel, files a notice of appeal on behalf of the trucking company defendant, making them the appellant. As the appellant, they must file an opening brief explaining why the trial court erred, followed by your response brief defending the verdict. The appellate court will review only the issues raised by the appellant—it won’t search for other errors on its own.

Why It Matters to Your Case

Understanding who is the appellant and who is the appellee helps you understand the dynamics of an appeal. The appellant faces an uphill battle—appellate courts generally defer to trial court decisions and require appellants to demonstrate not just any error, but error that was properly preserved at trial and that likely affected the outcome. Statistics from the Texas Office of Court Administration show that trial court decisions are affirmed far more often than they are reversed. When a defendant becomes the appellant by appealing your verdict, understanding these odds helps you evaluate whether to negotiate a reduced settlement or wait for the appeal to conclude.

Key Takeaway

An appellant is the party who initiates an appeal, seeking to overturn a lower court decision. In personal injury cases, understanding which party is the appellant helps you understand who bears the burden of proving the trial court made reversible errors.