Not all family law cases end with an order from the trial court. Sometimes this is just the first step. If you believe that the trial court mishandled your case, applied the law incorrectly, failed to consider all relevant facts, or you received an unfair judgment, filing for an appeal may be an option to obtain a different result.
An appeal is a proceeding where a higher court reviews a lower court’s decision and determines if it was the correct decision under the law. Appeals are very complex and often take significant time and resources.
Part of an appeal includes your attorney preparing a brief that fully explains your legal arguments. The brief is extremely important and maybe your only chance for presenting your legal claim to a higher court.
There are also time-sensitive deadlines associated with appeals and missing these deadlines can result in a loss of your ability to appeal the trial court’s order. If you believe you may have valid grounds for an appeal it is important that you do not delay in moving forward.
Sometimes your case is not yet final, but a situation arises where you need to make an emergency appeal for immediate relief. This scenario is referred to as a mandamus. A writ of mandamus is an extraordinary remedy available only to correct a clear abuse of discretion or violation of a legal duty imposed on a judge.
As with traditional appeals, there are time-sensitive deadlines associated with mandamuses. If you received a ruling during your case that you believe is a severe abuse of discretion you should meet with one of our appellate attorneys from Mims Ballew Hollingsworth | Family Law immediately to review your rights. Contact us today.