Family
law cases generally involve complex legal and factual issues,
and each case is unique. Therefore, the trial court may be without
precedent on which to base its decision, or may misapply the law
to the individual facts of a case. When such a circumstance arises,
either party may appeal the case to a higher court.
An
appeal does not require a new trial. Rather, the higher court
considers the relevant law, as well as the record from the trial
court. Each party files a "brief" stating his or her
position with the reviewing court.
An
appeal may result in the lower court's decision being "affirmed".
In other words, the lower court's decision will stand as is. On
the other hand, the lower court's decision may be "reversed"
and/or "remanded", or sent back down to the trial court
for redetermination of one, several, or all issues. A reviewing
court does not have to affirm, reverse or remand the entire trial
court ruling. Rather, the reviewing court may apply these concepts
to one, or a few issues.
A
successful appellate attorney possesses unique skills that not
all trial attorneys have. The appellate department at Heckenbach
Carlton, LLP, has extensive experience with the appeal process.
Our attorneys may handle appeals both for existing clients, as
well as clients whose case was handled by another attorney at
the trial level.