Atlanta Divorce Appeals Attorneys
Once your family law case has been decided in the trial court, you may seek to appeal an unfavorable decision in the appellate courts or first seek further relief in the trial court through the filing of post-judgment motions. Conversely, your opposing party can also appeal an unfavorable decision and you must be ready to defend your case on appeal. In seeking either to reverse or to defend an appealable judgment, your chances of success depend upon having the very best Atlanta appellate attorney to represent you. Time-sensitive decisions must be made by you, and an appellate lawyer can help you navigate the options that may exist. It is very important that you act quickly as the time to appeal or defend an appeal is usually very limited.
Clients typically want to know “what their chances are” on appeal. Those “chances” usually depend on what Standard of Review is applied by the appellate courts. Harm as well as error must be shown in the appellate courts.
For example, if the trial court has made an erroneous legal conclusion, the Standard of Review is considered a de novo review. In this type of review the appellate courts examine whether the trial court correctly applied or interpreted a question of law and they do not place any weight on or defer to the trial court’s findings.
Another Standard of Review involves the appellate courts’ review of the trial court’s or jury’s findings of facts. The appellate courts determine if there is sufficient evidence to support the findings of facts.
An additional Standard of Review involves the trial court’s discretion in making a judicial decision or issuing a ruling. In such a case, the appellate courts will typically defer to the trial court and reverse a decision only if they find that the trial court abused its discretion in that regard.
Types of Appeals
There are generally three types of appeals in family law cases:
- Direct Appeals – A direct appeal in family law cases usually involves certain challenges to a child custody order where one simply files a notice of appeal in the trial court.
- Discretionary Appeals – Most appeals in family law cases challenging final judgments involve discretionary appeals where one first must secure the permission of the appellate courts before filing a direct appeal.
- Interlocutory Appeals – In an interlocutory appeal which challenges a non-final order, one must secure the permission of both the trial court and the appellate courts.
The Atlanta divorce lawyers of Kessler & Solomiany, LLC have vast knowledge of the appeals process and can help you take action to protect your rights.
Contact Kessler & Solomiany, LLC
Our experienced appeal attorneys have over 30 years of experience in appeals. If you are considering appealing a decision in your case, please be aware that urgent action is necessary to preserve your rights to appeal. Contact the law firm of Kessler & Solomiany, LLC at (404) 688-8810 to protect your rights in an appeal.