If I appeal an award that was in my favor and lose the appeal, do I get to keep the original award?

Question

If I appeal an award that was in my favor and lose the appeal, do I get to keep the original award?

Answer

In the abstract the answer is yes. But generally speaking, you cannot appeal an award that is in your favor. One obvious exception is if you were not awarded sufficient damages, but in order to raise that argument you will need to jump through some procedural hoops before you can appeal. Also keep in mind that it is unlikely that a court of appeal will you more damages than did the judge or jury. Further, there are some important strategic considerations to consider before prosecuting such an appeal.

You should consult with an experienced appellate attorney before making any decision.

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Answer

When an appeal fails, the underlying judgment is affirmed -- in other words, it remains in place. The only way your appeal could undermine your judgment would be if another party successfully challenged it in a cross-appeal.

You haven't explained why you would appeal after winning a judgment. As Mr. Fox says, it is hard to win by arguing that the award was inadequate. But I can imagine other reasons why you might want to appeal, and many of them would be more promising.

Please feel free to contact me if you want to discuss your case in more detail. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with over 15 years of experience in the field.

Answer

On appeal, the other party will argue that you should have gotten less than awarded and might convince the court that the trial court judgment was faulty so that you do get less. As pointed out, the appeals court defer to the jury or trial judge on factual determinations so an appeal that your damages were greater than what was awarded is not very promising.

Answer

I disagree with Mr. Shers. The Court of Appeal cannot reverse any part of a judgment in the appellant's favor unless the respondent files a cross-appeal. The one significant exception is that, if the Court agrees the appellant should have been awarded more damages, it may offset the increase against any damages that the respondent proves should not have been awarded. Such an offset can only be applied against the additional damages and cannot reduce the original award.