Call Now

Call Now

Call Now

Blog

Is A Final Order Stayed (Or Stopped) If I Disagree With It And Take An Appeal To The Indiana Court Of Appeals?

Is A Final Order Stayed (Or Stopped) If I Disagree With It And Take An Appeal To The Indiana Court Of Appeals?

The trial court’s final order, such as in a divorce case, dividing the property and making a custody award can be enforced immediately. And it usually is. That said, a litigant who does not want an order enforced pending an appeal has two ways to stop its enforcement pending an appeal. In this blog, we cover stays that stop a trial court’s final order from being enforced.

As a first step, which seems like a foreign concept to many litigants, they have to ask the court to issue the order to issue a stay. The reason this seems strange is because it is asking the court who just issued the adverse order to consider it may be wrong and stay (stop its enforcement) in case it is reversed on appeal. However, many trial courts make tough calls and know that sometimes they might be reversed. Thus, some trial courts will entertain and grant stays. Where the order in question involves the payment of money, the court may order the monies to be paid into the court. These are much easier to prevail on because the remedy is clear—the amount of the judgment. Where something is not so easy to quantify, such as allowing the children to relocate, the trial courts consider the children’s best interests and disruption to the children’s lives if they were to relocate and upon reversal have to relocate back. Thus, on the right showing, a trial court’s final order, on properly made motion, may be stayed pending appeal.

In the event the trial court does not grant the stay or timely rule upon it, a party may then take the request to the Indiana Court of Appeals. The Indiana Court of Appeals too has rules governing stay and in essence, a party must show the potential for irreparable harm if the stay is not granted and that party prevails on appeal. While there is no guarantee a stay will be granted, a losing litigant is afforded significant due process under Indiana law and can seek a stay (again stopping enforcement of the trial court order) under two bodies of law and in two courts—the Indiana trial court and the Indiana Court of Appeals.

The most important part about a stay is to make the decision to seek a stay immediately as these take some time to prepare and in the ideal world, the stay motion is filed before the final order is enforced. This blog is written by attorneys at Ciyou & Dixon, P.C. who handle stays from all Indiana trial court final orders in these courts and on appeal. This blog is written for general educational purposes only and is not intended as legal advice or a solicitation for services. It is an advertisement.

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Related Videos

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Call Now

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.