Can an appeal court ever overturn a judgment for lack of evidence?
Yes, but rarely. Almost every case involves two kinds of basic disputes: over the facts and over the law. The trial court is responsible to determine the facts. The appellate court’s concern is whether the trial court followed the law in deciding the case. So, when it comes to the facts of a case, the appellate court accepts the facts as found by the jury or trial judge. The appellate court cannot overturn those findings unless there is no substantial evidence in the record to support them. In deciding whether there is substantial evidence that supports the factual findings, the appellate court views the evidence in the way that most favors the judgment. The court will accept all evidence and draw all reasonable inferences from the evidence that support the trial court’s findings. Even though appellant may argue that there was overwhelming evidence to the contrary, the appellate court will still uphold the findings if there is any substantial evidence in the record, or reasonable infer
