I am sure someone will correct me if I am wrong. Appeals are usually filed to challenge " findings of law" . There is a distinction between " findings of fact" and " findings of law". It is usually assumed and it is very rare to overturn a decision based on findings of fact. I am sure someone else can provide some examples of the difference.
This is exactly right, as I understand it. I still cannot fathom Mr. Gibbs not ASKING for de novo review when that is why he went to Tampa last Monday.