Appeals
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Appeals

 

The judge made their ruling, and they got it wrong.  Or, you got a great ruling and now the other side has appealed.  What now?

You have a strict, limited time limit to appeal.    Appellate courts don’t play.  Most of the time, the deadlines are strictly enforced.  Generally, you have 30 days to appeal a final judgment.  Failure to abide by this and other deadlines can result in the loss of your case.

 

What seems final isn’t always final.  With limited exceptions, you can only appeal a final order.  A final order is the order that disposes with all remaining judicial labor in the case.  Sounds like legalese, right?  Well, we speak legalese and can assist you with this very difficult area of law.  If you get this wrong and appeal too early, you may waste a lot of money.  If you get this wrong and appeal too late, you may have lost your chance to appeal.  Call Mr. Radeline today.

 

A brief isn’t brief.  Unlike the trial court, nearly all appeals are decided on written submissions called briefs.  These legal documents are usually dozens of pages long, and are required to have citations to legal authority.  This is not the time to try this yourself.  Call us for the legal help you deserve.

 

What can be appealed?  As we discussed, final orders are the types of orders typically appealed.  However, some non-final orders can also be appealed (such as “cat-out-of-the-bag” discovery issues).  Our firm handles appeals in family law cases, divorce cases, custody and paternity cases, civil cases, and domestic violence injunction cases.  Time is of the essence, so schedule your appellate consultation today.

 

Appeals are decided on the “record.”   This means that under most circumstances, to successfully appeal you must have (a) raised the issue on appeal at the trial court, and (b) have an adequate record of the trial court proceedings in order to have a shot at being successful on appeal.  

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