Our balance of government allows us to respectfully question the discretion and application of the law by the Circuit Court or Family Court judge by filing an appeal to the Court of Appeals. Such action should be taken with long thought and counsel as it can be a very time consuming and expensive avenue.
Appellate law takes place after your case has been heard by a trial judge or jury. There is no looking for new evidence and the appellate record is limited to what was presented to the trial court. An appeal is presented to a multi-judge appellate panel and is decided almost entirely on the written briefs. The procedural and strategic issues on an appeal are very different than the issues involved in other types of litigation. The appellate attorney must carefully review all pleadings, depositions and and trial tapes of the case. There is also much legal research to be done in not only preparing for the written brief, but to determine if there are appealable issues.
As this is an investment in your case, you want to make sure you have an attorney that is experienced in appellate work. The Court of Appeals has different rules than the trial court you just encountered. There are also very specific deadlines that you do not want to miss in the appeal process. Appellate cases have been dismissed before for failure of a party to adhere to the rules. Don't let this happen to you.
Teresa M. Kinberger has years of experience with the Court of Appeals. Her experience and confidence of her peers earned her the title of Chairman of the Appellate Section of the Louisville Bar Association. She has been published in the Bar Briefs with her article on appellate issues.
Kinberger Law Office will be happy to discuss your case with you to determine if an appeal is right for your situation. You have a very short time frame from your final judgment to file for an appeal. If you desire to have a free consultation, call Kinberger Law Office today as time is of the essence.