Appeals

What is an Appeal?

The purpose of an appeal is to ask a higher court to review and reverse the trial court’s decision. Appeals are governed by strict rules and deadlines. If the appeal is filed timely and properly, the appellate court will review the record and determine if the trial judge made a legal mistake that affected the final decision. An appeal is not a re-trial of the case. If the appellate court asks the attorneys to make oral argument, the attorneys will be limited to discussion of the law and the evidence from trial, rather than new information.

When a divorce case goes to trial, the judge has the duty to determine what is in the best interests of each minor child involved in the divorce and to fairly divide marital property. Family law judges have broad discretion to make decisions concerning children and marital property, but that discretion has limits. If the trial judge makes the wrong decision, the party who is affected by the error can seek relief through the appeals process.

Bundy Law Appeals

Our appellate lawyers have unique and valuable skillsets, demonstrated by a remarkable track record of successful reversals.

Exceptional Analysis

Simply affirming a lower court's decision doesn't require the same depth of legal analysis and persuasion as a reversal. Reversals require identifying meaningful errors in the lower court's reasoning, evidence application, or legal interpretation. This requires an attentive, creative lawyer with the ability to spot weaknesses in arguments and identify winning issues.

Reversing a lower court judgment requires highly persuasive and well-supported arguments. Appellate briefs must be meticulously crafted, with clear and concise legal arguments, strong citations, and compelling narratives. Our appellate lawyers are known in the civil and criminal defense communities as exceptional brief-writers.

Successful reversals require a deep understanding of the applicable standards of review (e.g., de novo, abuse of discretion). This knowledge is crucial for framing arguments effectively and persuading the appellate court to overturn the lower court's decision.

Strategic Decision-Making

Appealing a case involves significant time and financial resources. As lawyers with a history of successful reversals, we effectively assess the potential for success on appeal. We weigh the risks and rewards of an appeal, considering factors such as the strength of the legal arguments, the likelihood of success, and the potential impact on the client's long-term strategy.

We develop and implement sophisticated appellate strategies, such as identifying the most impactful arguments and prioritizing them in the briefs and oral arguments and preparing advance counter-arguments to anticipate and address potential challenges from the opposing party.

When Should You Start Thinking About Appeal?

When preparing for trial, it is important for each side to consider the possibility that the case could be appealed. Appellate cases are based on the record of what happened at trial. Trial attorneys must preserve that record and make timely objections when necessary. When one of our cases goes to trial, we consider the possibility that our client or the other party may appeal. Our appellate practice and experience inform our trial work. We make a strong, solid evidentiary case at trial to ensure that, in the event of an appeal, the strength of our client’s position is preserved and clear to the appellate court.

If you wish to appeal, you cannot afford to delay:

• Appeals are governed by a strict set of rules and deadlines.

• Appeals take time to prepare and cannot be done at the last minute.

• The filing fees and costs associated with an appeal must be paid at the front end of the appeal.

How We Can Help You With an Appeal

If there is even a remote chance that your family law case may be appealed by either you or by the other side, contact one of our experienced appellate lawyers right away. Our experienced appellate lawyers can pursue appeals at any level through Arkansas and Oklahoma state and federal courts, including extraordinary writs such as mandamus and habeas corpus. Our family law appeals practice includes property division, child custody, parental rights, spousal and child support, and all other types of Oklahoma and Arkansas family law issues. We have a track record of success in family law and civil appellate matters.