Oral Argument: Preservation is Key

I’ve often discussed the importance of parties preserving the errors about which they complain.  In layman’s terms, that means, if you want to bring an appeal (in a foreclosure case or any other type of proceeding), you better be able to show the appellate court you made the specific objection/argument you’re making to it in the trial court below.  If you cannot show you preserved the error with a contemporaneous, specific objection, then, generally speaking, you cannot win an appeal – regardless of whether your position would have otherwise been meritorious.

If you don’t frequent appellate circles, you’re likely to underestimate the extent to which this matters.  But here, don’t take my word for it – check out this video from my recent oral argument before the Second District.

I haven’t received a ruling yet, but I’m confident a PCA is coming (affirming the lower court’s order dismissing the case without explanation).  Just look at the judges.  They’re not saying the lower court got it wrong when the Bank can’t even show what it argued to the lower court.

Mark Stopa

www.stayinmyhome.com

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