Small Claims Court Question

[Debau2005]

This is just a question and not a request for legal fact.

I was sued in Magistrate Court (Small Claims). The man suing me could not make his case for his damages and the judge ruled against him. He has filed an appeal.

What exactly is he appealing? Is the appelant court, State court, I think, just going to look at the ruling to see if there was any mistake in the judge's ruling? I guess I am confused. And if he wins the appeal, do we start over in magistrate court, or does he get his money and leaves me alone?

The amount is for just over $1000 from a fender bender in a gas station parking lot. My insurance is going to settle with him before it hits a higher court, I am just curious as to what exactly he is appealing.

He got an estimate on the damages, then traded the car in damaged. So he technically did not pay out of pocket for the damages. Because he could not prove what the car was worth before the trade in, and he did not bring in the amount he traded for, the judge ruled against him.

I was represented by my insurance attorney. She was super, and got almost all of his evidence thrown out. Who knew that you can't use the police report, if you don't have the police officer called as a witness!! It was interesting stuff.

Thanks!

[MGKrebs]

1. I would think that he must state a reason for the appeal.

If you get a copy of the appeal, it should state under what grounds he thinks he can appeal.

I have a pending case in that court, and looking through my file, I don't see anything about how the appeals process works other than that the appellant has to pay for the appeal.

[Debau2005]

2. Thanks!

I should get the papers soon. He filed the appeal while we were all still standing in the courthouse.