In a civil trial with many issues, such as divorce which may have child support, custody, and property issues decided, a losing party may want to challenge every issue, such as a minimal difference or error in weekly child support to be paid. While there is no express appellate rule prohibiting or limiting the number of issues a party may raise on appeal, raising more than three or four issues on appeal is normally not prudent. This blog explores why limiting the number of issues raised on appeal is practical and prudent. As a threshold matter, a party that raises numerous ...
Tag: appellate attorneys
May 29, 2020CD
One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away from the old common law rule (known as the English Rule), which required the losing party of a particular matter to pay the winning party’s attorney fees. However, under the American Rule, the presumption is that both parties pay their ...
February 6, 2020CD
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal. This blog post identifies and explains common mistakes. Procrastination or lack of awareness of timelines. The decision to appeal or not to appeal is a vexing one for many reasons; you or your trial counsel may understand. All sorts of things ...
October 27, 2017CD
Appeals can be sought when a Court has issued its final order and/or when a decision has been certified for interlocutory appeal. The nuances of when an appeal can be filed and what types of orders can be appealed have been explored in previous blog posts. Once an appeal is filed and the process has concluded, there may still be a pending issue-namely, appellate costs. These are separate from attorney fees. To recover attorney fees, a party must show that the appeal was frivolous or brought in bad fait1. However, the burden and process to recover costs is a different one ...
February 5, 2013CD
The American Judicial System is generally based on the premise that each party pays his or her own attorneys fees unless there is a statute or contract that otherwise rules-in fact, this practice is known as the American Rule. However, there can be instances in lower courts where one party is able to recover attorney fees from the other. For example, in family law, if one parent has denied the other parenting time for no proper reason, it is possible for the denied parent to request and possibly receive attorney fees. The thought process behind this practice is that had it not ...
May 10, 2012CD