Appeals & Post-Divorce Disputes
Occasionally a situation will arise in which a party is disappointed by the decision made by the trial court. Under these circumstances that party may want to appeal this unfavorable ruling and have it reviewed properly by a court of review. This may be because the party genuinely believes the trial judge made a mistake, or it could be because they refuse to accept the final decision made by the trial court.
In an appeal, the only information that an appellate court may use in its review is the information that was presented to the trial judge. For that reason, the accomplished attorneys of Davis Friedman must be proactive and prepare the case as if it will be appealed in the future. Since no new documents will be allowed upon appeal, through diligent preparation they make sure to include all the appropriate information that would be necessary to present our clients case. Regardless of whether the client is the appellant or the appellee, the goal of the attorney on appeal is to prove to the appellate court that our client’s assertion is supported by the record on appeal.
Types of Appeals
Although it is true that typically a party must wait until the end of the case after the trial court enters a final judgment. There are circumstances in which a party may appeal prior to the ending of the case. An appeal on injunction that bars the party from taking a particular action is one example of an appeal that may occur prior to the ending of the case. Furthermore, an appeal on a ruling that holds a party in contempt of court for disobeying a court order can occur prior to the final judgment. Additionally, the appeal of child custody decisions tend to be entered prior to any litigation on the issues of property division or family support and may be appealed immediately. If the court allows an early appeal, a party may appeal any decision which holds the premarital or post-nuptial agreements as enforceable or unenforceable prior to the final judgment.
Upon permission of the appellate court, issues concerning children may be appealed prior to the final judgment, including but not limited to the following issues:
- Jurisdiction
- Visitation
- Temporary custody
- Parentage
The Process of an Appeal
Step one of an appeal is the filing of a Notice of Appeal by the appellant. Then appellant must give notice to the court and the opposing party that a Notice of Appeal has been filed. Next, the appellant must file the record in the appellate court. After that, the appellant is responsible for writing the initial brief to the appellate court. In this brief, legal arguments are brought forth with the facts from trial to prove that the trial court was in error. The legal arguments and the facts that were brought out at trial are provided to the appellate court
After that, the appellee will also use the proper legal authority to write a brief to disprove the appellant’s initial arguments. Then, the appellant has the option to rebut the appellee’s arguments through a short reply brief. Judges will typically make their decision on appeal based on the written briefs that are filed by the parties. However in some cases, judges may call the parties for oral argument. During an oral argument on appeal, the parties appear before three judges to argue their positions and answer questions asked by the court. To conclude this process, the written appellate decision is issued within the next six months.
The attorneys at Davis Friedman have the expertise you need to ensure your evidence is appropriately and persuasively presented to the court to ensure your best interests are met.