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Figuring out who is suing whom may seem like the easiest part of analyzing case law, and often it is. However, if a case has been through several layers of appeal it can be difficult to discern how the case was originally presented 45 E 45th St, New York, NY 10017, USA
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  • To make party identification even more confusing, party names may switch sides of the "v." in the case caption depending on who appealed. For example, suppose when a case began, Sally Sunshine sued Marvin Moon. The case's caption would be "Sunshine v. Moon." The trial court found in favor of Ms. Sunshine – but Mr. Moon appealed. The caption then became "Moon v. Sunshine."
  • To continue the example, suppose the appellate court found in favor of Mr. Moon, but Ms. Sunshine appealed that ruling to a higher court. Now the case's caption is "Sunshine v. Moon" again.
  • Since litigants in written opinions typically are only identified by their roles – appellant and appellee, for example – their names may only be mentioned once.
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Doane and Doane, P.A.

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Call: 561-6560-200
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45 E 45th St, New York, NY 10017, USA

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