Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but cannot because of where the case stands when we review it for appeal. These three mistakes are the focus of this blog. ...
Tag: notice of appeal
May 31, 2018CD
If you are unhappy with the property division as ordered by a court, you can and should seek an appeal. If the division does not follow the law, or the evidence before the court, you have only two options, with limited time, to correct the erroneous decision. Unlike child support and child custody issues, a property division order by a court is not modifiable. In other words, a property division is a final order. (It is important to keep in mind that if you reach a settlement agreement, either through negotiations directly with your spouse, between your and your spouse’s attorney, ...
November 11, 2014CD
It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1. In their arguments, the Plaintiffs (parties bringing the action) argued that the State of Indiana was impeding on their fundamental right to marry, and therefore, its laws violated the Due Process Clause.2 The Court held that the Defendants did not meet their burden ...
October 30, 2014CD
Filings in the Indiana Court of Appeals involve a well-defined and specific structure, and are governed by strict rules1. From the first filing to the last, and all filings in between, there are specific people who must be served and a specific number of documents that must be filed. A panel of Justices for the Court of Appeals consists of three (3) justices. As such, copies of motions, briefs, etc. must be filed with a specific number of copies. It is important to include the proper number of filings, because it may change depending on what is being filed. A brief ...
August 7, 2014CD
One common question parties wishing to appeal decisions/sentences/judgments have is how the Court of Appeals will hear the evidence underlying an appeal. A common misconception is that all appellate cases are heard before the Court of Appeals. However, it is only a fairly small percentage of cases that are heard and argued in person before the Court of Appeals, in what is called oral argument1. If oral argument is not ordered in the case, the information and background of the case is set out by the parties through briefs and appendices. The Notice of Appeal is the first filing with the ...
August 20, 2013CD