Principle

APPELLATE PRACTICE – Interference with Findings of Fact – When Appellate Court May Interfere

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Appellate courts defer to trial court findings on witness credibility. However, interference is justified where: (1) findings are inferences (appellate court equally positioned); (2) findings are perverse—running counter to evidence, considering extraneous matters, ignoring obvious facts, or causing miscarriage of justice. Perversity is the key…

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