Gilbert v. Scratch 'N Smell, Inc.

MURNAGHAN, Circuit Judge.

It is not just a truism, more honored in the breach than in the observance, that the trial court, not the appellate court, is where disputes of fact are resolved. The losing party understandably considers the decision wrong, but, if he takes an appeal, to succeed he must be prepared to demonstrate that a prejudicial error of law has occurred. The belief that the factual issues were wrongly decided, even very wrongly decided, may often fuel the machine for launching the appeal, but, so far *321as sufficiency of the evidence to support the factual findings is concerned,…