Appeals from divorce cases, or post-decree custody matters, constitute a large number of cases taken to the Indiana Court of Appeals. By the time a divorce trial is over (or subsequent child custody modification case), many people are drained emotionally and have spent a lot of money to litigate a divorce or modification action. However, the losing party (or both parties) can appeal. For most people, the mere thought of having to retain new appellate counsel to address an appeal is an unpleasant thought at best. Since there is no requirement to file an appellee’s brief, the question we often ...
Tag: standard of review
October 22, 2020CD
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 ...
May 29, 2020CD
Any party who loses a civil trial (bench or jury) has the right to appeal. Trials and appeals are expensive and laden with emotion. That said, we often receive inquiries from “appellees” when they find out the losing party is taking an appeal.1 These calls all focus on what really happens if they do not file an appellee’s brief. Clearly, the winner in the trial court does not have to file an Appellee’s Brief. This blog explores the reasons a potential appellee should strongly consider filing an Appellee’s Brief. There are two key reasons you should consider retaining appellate counsel to ...
May 15, 2020CD
Indiana is fortunate to have an intermediate appellate court where every litigant with a final order can appeal as a matter of right if they have a good-faith basis the trial court erred.1 A significant amount of the entire civil docket is family law, so there are thousands of family law final orders issued each year. If you do not prevail and are considering an appeal, the blog may assist you as it addresses the three strongest types of family law appeals, although every case may be taken to the Indiana Court of Appeals. Special Findings. In Indiana trial courts, if ...
August 28, 2019CD
You’ve probably heard the old phrase, “I’ll appeal it!” But what does that mean? Your first mental image may be an argument before justices of the United States Supreme Court in a landmark case like Brown v. Board of Education or Roe v. Wade. For Indiana litigants, there is the remote possibility that a case that originates in an Indiana trial court may wind up in SCOTUS. However, the chances are slim. If you do not believe your Indiana judge or jury has decided your case correctly, you will most likely appeal to the Indiana Court of Appeals. While this ...
June 25, 2019CD