Having an Attorney can help you decide if it makes Sense to Appeal a Judgement

When two people enter a marriage, they usually make a commitment for better or worse.  However, sometimes the worse can be overwhelming and it is in the best interest of everyone to dissolve the marriage.  Unfortunately, some divorce and family law matters do not settle with mediation and the case is tried in the family court.  The parties involved are putting the case in the hands of a family court judge and that can be a risky proposition.

It is not always possible to settle outside of court.  All it can take is one issue of disagreement for many parties to decide that they have no choice but to go to trial.  After trial, the family court judge will issue their ruling. How this works can vary by county, but it can often take weeks or longer for a judge to render their judgment. It can take weeks because family court judges generally have to issue a written judgment that has findings of fact and conclusions of law.

As it is the case with any disagreement or negotiation, some parties are happy with the results of the trial while others are extremely unhappy with the results.  At times it can be a mixed bag where a party might like certain parts of the judgement and not like others.

If a party is unhappy with the results, the question for them is whether they should appeal the judgment. Appealing the ruling can prolong the litigation. It can result in more attorneys’ fees. But the question beyond that is whether or not an appeal will work.  The reality is the laws vary by jurisdiction. Every case can also be completely different and involve different intricacies. However, in a general sense, to succeed on an appeal, a party must generally show that the family court judge erred as a matter of law or that they abused their discretion.

Terms of the ruling can be somewhat complicated for many to understand.  However, to show the judge erred as a matter of law will require showing the judge did not abide by the statutes, rules or existing case law.  Sometimes, this does happen, but it is not always easy to show.

Showing the judge abused their discretion can be complicated.  Within the confines of statutes, rule and existing case law, there is some grey area that family court judges can navigate based on the law. Take the standard in child custody cases that these matters are to be resolved based on the best interests of the child.  To determine what is in the best interests of the child, a family court judge has to weigh the evidence. The family court judge also can believe and disbelieve witnesses. All of this requires some discretion. Showing a judge abused their discretion is not easy, but sometimes a party can prove it.

An appeal works largely the same way as instant replay in football.  With instant replay, the question is whether or not the referee got the call correct based on the actual play itself and the rules the referee has to apply.  Parties do not get toredo the trial on appeal. Instead, the appellate court is to review the transcript and legal file. In doing that, the issue is whether the trial court erred based on the evidence presented at trial.

Outcomes of succeeding with an appeal will differ.  Some parties might have a reasonable chance while others it will be difficult to prevail.  Nonetheless, for parties who are considering an appeal, there are deadlines that have to be followed or else a party can waive the right to appeal. Thus, it is always critical to speak to a lawyer right away.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.