Appeal

Appeal Attorney In Anoka, Minnesota

If a decision has been handed down in a case and you disagree with the decision, you can dispute it by filing an appeal. If you wish to appeal the decision in a family matter, Mr. Peterson is an experienced Minnesota family law attorney who can help you seek the decision that you want.

While the courts are very precise in how they carry out matters, they still do not always get it right. Perhaps there was something that was not interpreted correctly in the case or there was another reason, it is your right to appeal the decision so you can receive a better outcome than you did initially.

Helping You Get It Right

In family law cases, a litigant may appeal a judge’s decision by doing the following:

  • Demonstrating that the decision did not follow controlling legal principles
  • Demonstrating that an abuse of discretion occurred in the judge’s decision
  • Demonstrating that the decision of the judge was not based on credible and substantial evidence

When a family legal matter is appealed, it is referred to the Minnesota Court of Appeals for review. There is a limited amount of time that an individual has to appeal the final decision of the judge. The rules are also very strict. For example, failure to submit a brief in the correct format or a mistake in how the brief is prepared could result in the clerk’s office rejecting the submission completely. When the litigant is serious about winning their appeal, having an experienced attorney involved is very important.

Exercising Your Right To Appeal

In family legal matters, an appeal is important because family law involves high emotions and outcomes that can affect the well-being of multiple individuals. If the decision is not the desired one and it can have a negative impact, then you have the absolute right to appeal. However, the original decision remains in effect during the appeals process, unless the court issues a “stay pending appeal” A motion can be filed to obtain this. Prior to filing this motion with the Minnesota Court of Appeals, it must be requested of a judge to issue the stay. In order for the stay to be successful, the following must be proven:

  • Irreparable harm will result if the judgment is enforced pending the appeal
  • The appeal presents a meritorious issue and there is a likelihood of success on those merits
  • Assessment of the hardship to the parties reveals that the stay not being granted would result in greater harm.

Your Anoka family law attorney will be able to help you through this process. As far as evidence, it is presented to the court in the form of a written affidavit or through testimony.