Brentwood Appeals Attorney
While most people are aware that criminal convictions can be appealed, many don’t know that they have the same right to appeal a judge’s decision in a family law case. It’s important to note that an appeal isn’t a second chance to try a case that didn’t end the way one of the parties wanted. There is, for instance, not usually presentation of new evidence or witness statements. Instead, the appellant will present the evidence, including court transcripts, from the original trial to try and prove that the trial court made a mistake.
If you believe that a mistake or error at your trial led to an unfair decision in your family law case, you have the right to appeal that decision to a higher court. There are, however, requirements that must be met by appellants, so if you have questions about filing an appeal in Tennessee, you should consider reaching out to an experienced Brentwood appeals attorney to learn more about the process of filing an appeal.
When is a Case Eligible for Appeal?
Some of the most commonly appealed divorce and family law-related issues include:
- The division of marital assets and debts;
- Child custody and visitation disputes;
- Child support;
- Alimony; and
- Paternity fraud.
While the result of a dispute on one of these issues may not have been favorable, this is not enough to file an appeal. Rather, there must be evidence that an error in law or fact was made at the original trial. There could, for instance, have been information that was overlooked by a judge that would have influenced the outcome, or inadmissible evidence could have been used in making the decision. In other cases, there may have been a mistake in procedure or some kind of bias against one of the parties. When this occurs, Tennesseans have the right to file an appeal in their civil case. However, appellants only have 30 days to file an appeal of a lower court’s judgement.
The Appeals Process
Appellants who properly submit their petition for appeal within the 30 day timeframe will eventually have their case assigned to a panel of three appellate judges, who will hear arguments from both sides. There are three possible outcomes at this point:
- The original ruling can be confirmed and upheld;
- The original ruling can be reversed; or
- The appellate court can remand the case to the lower court with further instructions either for how the case should be concluded, or directions for the hearing of further evidence on a specific aspect of the appeal.
One of the most important things to remember when filing an appeal is that deadlines are strict. An appellant, even one with a valid case, who fails to file an appeal before the deadline could end up losing out on the opportunity to have the case heard.
Set Up a Meeting with Our Dedicated Brentwood Attorneys Today
Just because you are appealing a lower court’s decision, does not mean that you have to use the same attorney. At Beal | Crutcher, our dedicated appeals team has experience handling a wide range of family law cases. We invite you to call us today at 615-861-2304 to learn more about how an experienced Brentwood appeals attorney can help with your legal issue.
