A party to litigation may feel that the trial judge has reached the wrong decision and they were harmed as a result of that judgment. In such cases, an appeal may be an appropriate remedy. An appeal is a type of proceeding where a higher court reviews a lower court’s decision and determines whether that decision was correct in the eyes of the law.
Appealing a Family Law Judgment
If you wish to bring an appeal in a family law matter, written notice of appeal must be filed with the clerk of the trial court that issued the original judgment, stating the legal grounds upon which you are seeking relief. Additionally, your attorney will prepare a brief fully explaining the legal argument upon which your appeal is based. Whether you are bringing an appeal or defending against one, the legal argument contained in your brief is of critical importance. The brief is your chance to explain why a reviewing court should affirm or reverse the lower court’s decision based on case law, statutory authority, precedent, and even policy considerations in certain cases.
The burden of proof in appellate cases falls on the party who initiates the appeal, and it is up to the appellant to preserve their claim of error. To preserve a claim of error, the complaining party must have objected to the error at the previous trial, thus ensuring it is a part of the official record. If you believe that you have a valid ground for an appeal, it is important to contact an experienced appellate attorney immediately. It is often helpful to engage appellate counsel at the trial level to make sure valid grounds for appeal are preserved or defended against. The filing of an appellate action is extremely time-sensitive, deadline driven, and loaded with a myriad of technical requirements.
The attorneys at Orsinger, Nelson, Downing & Anderson have prosecuted and defended a multitude of complex appellate issues, including but not limited to:
- Interstate custody
- Hague Convention parental kidnapping
- Appellate procedure
- Interstate alimony
- Confinement in prison
- Disqualification of counsel
- Attorney’s fees
- Grandparent’s rights
- Division of property
Our appellate team is highly skilled and experienced in handling various types of appeals at both the Court of Appeals and Texas Supreme Court level. Call today to see if we can help with your appeal.