When you file an appeal, you have to keep in mind that your audience, the Court of Appeal, was not present at trial and has little information as to the appearance and demeanor of the parties and witnesses. And while credibility or the lack thereof is not the province of the appellate court, like most of us, the Court wants to get a clear picture of the "story." For more on this, you can read my article "Painting a Picture at Trial for the Court of Appeal," which was published in the most recent issue of Plaintiffmagazine. You can find it at www.Plaintiffmagazine.com.