Judges sometimes make errors, just like everyone involved in the judicial process occasionally does. A Judge’s error may mean that you can appeal and correct the trial court’s decision. Appellate litigation differs from trial Court practice in many aspects. Some of the differences are as follows:
- A valid claim for an appeal typically occurs under more limited circumstances than at the trial court level. Essentially, an appellate litigant must show that the Judge misapplied the law or abused their discretion in a harmful manner.
- Appellate cases involve a distinct set of procedural rules and deadlines.
- Appellate cases involve writing lengthy arguments called “briefs” that detail the law and facts in a specific manner required under the rules.
Due to these differences, some attorneys do not want to handle appellate cases. Cline, Braddock & Basinger, LLC has experience litigating appellate cases in both the Eastern and Western District in Missouri. We successfully appealed issues such as child support, property and spousal maintenance. Our attorneys know the law and enjoy the opportunity to create a new rule for all the trial courts in a District. If you have a criminal or family law issue that requires an appeal, our attorneys can ensure that your rights are protected.
The deadlines for filing an appeal and preserving your rights arrive soon after a Judgment, so litigants must act quickly. Therefore, if you believe that the Judge made a legal error or abused their discretion, it is important that you contact your current attorney immediately to see if they are willing to appeal your case.
Given the complexities of appellate litigation, it is important to choose a skilled, experienced attorney for your appeal. Some of the representative appellate work of the attorneys at Cline, Braddock & Basinger, LLC includes:
- Richardson v. Richardson, 564 S.W.3d 711 (W.D. 2018) (reversing a decision to exclude certain marital property income from a spousal maintenance calculation)
- Thomas v. Moore, 410 S.W.3d 748 (W.D. 2013) (reversing calculation of a child support award)
- R.T. v. M.E.S., ED107477 (affirming a child custody and child support Judgment)
If you need representation for an appeal, our attorneys can advise you whether you may have a meritorious appeal from your Judgment.
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