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  5. What Is the Meaning of “The Appeal Is Upheld?”

What Is the Meaning of “The Appeal Is Upheld?”

On Behalf of Dixon & Moseley, P.C. | Feb 22, 2022 | Appellate Practice, Civil Appeal

In a criminal or civil court case (where the case has not been dismissed, settled, or vacated), judgment will be rendered. This ruling can be delivered as a jury verdict or as a judgment by the presiding judge. The ruling represents the trial court’s application of the law. An appeal, on the other hand, is a review of this legal application by an appellate (appeals) court. Once the appellate court rules, it will be either in favor of the original lower court ruling or in favor of the party who filed the appeal. Here’s how the process plays out for criminal or civil appeals and what an appellate court ruling can mean:

What is an Appeal?

When a party involved in a lower court civil or criminal case does not prevail (essentially, losing their case), they normally have the right to appeal the decision by having an appeal attorney file for certiorari. This is the court process seeking judicial review of the lower court’s ruling.

An appeal can serve as a review process that can identify lower court errors. It can also be part of the process for interpreting or clarifying applicable law, including legal precedent.

Unlike the lower court, where a single judge presides, a criminal or civil appeals court will have multiple judges – three or more, depending on the jurisdiction – involved in the review. On larger appellate courts, which can seat as many as a few dozen judges, appeals are often heard by panels of three. Rarely, an “en banc” rehearing of the case is held, resulting in a new decision. Much more commonly, in smaller criminal and civil appeals cases, the processing of an appeal results in either the lower court’s judgment being upheld or not upheld by the appellate judges.

Does Upholding the Appeal Mean I Won?

Once the case is accepted and the grounds for the appeal are considered, the appeals court can rule either in support of the lower court’s decision or in support of the appeal. If “the appeal is not upheld,” this means the ruling of the lower court is allowed to stand and the appeal has been denied. Otherwise, “the appeal is upheld,” meaning the appeal has been successful and the lower court ruling is set aside. In other words, the party who filed the appeal won their appeal.

What happens then? In most cases, the appellate court will remand (send) the criminal or civil appeals case back to the original trial court with instructions governing corrections to be made regarding any errors. If those errors “tainted the verdict,” the appellate court could order a new trial. Rarely, the appellate court could also set aside the initial lower court judgment and dismiss the case altogether.

Key Takeaways:

What does it mean when an appeal is upheld? It means the party who filed for relief in the appellate court successfully pled and won their case. Here are some important things to remember regarding the appeals process:

  • Criminal and civil appeals are normally a legal right for lower court litigants who did not prevail or win their case
  • An appeal is a review by an appellate (appeals) court of a lower court ruling
  • To put an appeal in motion, an appeal attorney will file for certiorari
  • An appeals court can have three or more judges considering the lower court’s process and ruling
  • If the appeal is not upheld, the appellate court has decided to let the lower court ruling stand; on the other hand, if the appeal is upheld, the appealing party has prevailed and the lower court’s ruling is set aside, often with the case being remanded back to the lower court to fix errors or retry the case

At Dixon & Moseley, P.C., our attorneys draw on decades of collective experience when handling civil cases, including cases where civil appeals might be necessary. To learn more, contact us today at (317) 972–8000.

We believe that being an educated legal consumer can help you make the most of the legal experience in meeting your legal objectives. This blog post, for example, provides general educational material regarding civil appeals. This information is presented by attorneys at Dixon & Moseley, P.C. who practice throughout the State of Indiana. It is not a solicitation, nor is it intended to provide specific legal advice. It is an advertisement. Information contained herein is subject to change.

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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