Appeals
Strong, Successful Appellate Advocacy
Appellate work is a special type of advocacy. While some of the principles from trial work also apply to appeals, additional skills are required due to the unique demands of research, briefing and oral argument. Although appeals are time-sensitive, appellate work requires careful deliberation, thought and planning. Because appeals are governed by technical rules, a good appeal can be lost due to a simple rule violation that has nothing to do with the merits of the case.
Bundy Law has meaningful appellate experience and a reputation for success. Aaron Bundy, Amy Page, and Kathleen Egan have each made winning oral arguments on appeal. Collectively, our attorneys have represented clients on appeal in adoptions, juvenile deprived, divorce, custody, child support, alimony and property division cases, and civil plaintiff's cases, and we have obtained special relief for clients from in special original jurisdiction proceedings.
The legal decisions made in trials can have wide-ranging and long-lasting consequences and, unfortunately, they aren't always positive. Unfavorable court decisions can result in significant loss—loss of property, loss of time with your children and, in extreme cases, potentially even the loss of your parental rights or freedom.
Fortunately, even if the rulings in your divorce or child custody case were less than favorable, all is not lost. If you believe an error in your case resulted in a detrimental court decision, you may be entitled to an appeal. Here's what you need to know about an appellate review and how the appellate lawyers at Bundy Law can help you navigate the appeals process.
What an Appeal Is—and Isn't
The idea that appealing an unfavorable legal decision means automatically getting a new trial or a new judge is a common misconception. An appeal isn't a second trial; it's an official request to have the original decision reviewed by a higher court. During the appeals process, the appellate court will reconsider your case based on a review of the original evidence. However, no new or additional evidence can be introduced.
Grounds for an Appeal
Simply being dissatisfied with a judge or jury's decision in a divorce or child custody case doesn't entitle you to an appeal. However, if a mistake in your case led to an unfavorable outcome, you may have sufficient grounds to appeal the decision. Examples of the types of trial errors and problems that may warrant appeal include:
Misapplication of the law
Decisions not supported by evidence
Jurisdictional issues
Abuse of the court's discretion
Improper evidentiary rulings
Constitutional issues
Why You Need an Appellate Attorney With A Track Record of Success
When seeking to overturn a trial court's decisions on complicated matters like divorce, property division, or child custody and support, not just any divorce attorney will do. You need an accomplished attorney who has extensive experience successfully handling appeals.
While any family law case can be complicated, appeals cases are especially so—and, as a result, they require a very particular set of legal skills. For example, appellate attorneys must be intimately familiar with the U.S. and state constitutions, divorce statutes, related legal precedents, local court rules, and state and federal regulations on matters such as taxes, child support, alimony, insurance, protective orders, retirement accounts, mental health records, and other issues. With so much at stake, it's vital to ensure that the attorney you choose to represent you throughout the appeals process has what it takes to be a strong and effective advocate. The attorneys at Bundy Law have special training, experience and resources for appeals, and they have a strong track record of success.
Appealing an Unfavorable Decision
After receiving a devastating decision in your divorce or child custody case, you don't have time to sit around and nurse your wounds. The state gives you just 30 days to appeal a court order, and in some cases the deadlines are even tighter. Failing to file your appeal within the deadline means permanently losing your right to pursue a legal remedy. Don't let this happen to you. Involve an experienced family law appellate attorney in your case as soon as possible, so they can get to work advocating on your behalf.
Fierce, Client-Centric, Results-Focused Representation for Divorce & Child Custody Appeals
When a legal or procedural mistake results in an unfavorable decision in your divorce or child custody case, an appeal offers a chance for relief. However, judges have broad discretion in family law cases, and getting a decision overturned can be challenging.
Our attorneys are recognized regionally for case preparation and strategy, including identification of evidentiary issues and setting up evidence for admission. Our issue-spotting skills are a direct result of trial and appellate experience, cross-training in multiple areas of law, and our in-house system for collaborative work. Our combined experience and bar admissions qualify us for handling appellate matters in Oklahoma and Arkansas.
With so much at stake, you can't risk going it alone. Fortunately, you don't have to. Don't leave the outcome of your appeal to chance—leave it to us. At Bundy Law, our experienced legal team is uniquely equipped for complex appellate work and our long track record of success speaks for itself. Interested in learning how we can help you achieve your goals for the appeals process? Contact us today to schedule an appointment for a private consultation.
