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Dixon & Moseley | Attorneys At Law
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  5. A Lack of “Appeal?”: Four Weak Types of Issues to Raise On Appeal

A Lack of “Appeal?”: Four Weak Types of Issues to Raise On Appeal

On Behalf of Dixon & Moseley, P.C. | Feb 16, 2016 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals, Supreme Court

The Indiana Court of Appeals stand open to all litigants to bring appeals of most all final orders (and some interlocutory orders) from Indiana’s trial courts.  This is a now a constitutional right (in the late 1800s this Court was created to assist the Indiana Supreme Court with an overflow of cases and later became a permanent court).

While all such cases may be appealed, a general disagreement with the impartial decision of fact by a judge and/or jury isn’t necessarily a great appeal, and may have a “lack of appeal” in the sense of reversal.  The are many issues that are sound and important appellate issues, such as those protecting constitutional rights. Four general legal issues are not necessarily prudent to raise on appeal.

The first is a “pet issue.”  This is one of mostly non-legal importance, such as an inconsequential deviation in an equal division of a marital estate. A deviation of a few dollars or few hundred to a few thousand dollars may not be material to the statutory presumption in the context of the overall marital estate. Those types of issues slow down appellate review or more important significant issues to the detriment of the Court and those it serves.

The second, and perhaps most common, weak appellate issue is a discretionary call of the trial court in a he-said, she-said dispute.  The trial court judge in criminal and civil matters is duty bound and sworn to judge the credibility of witnesses in an unbiased fashion. When a judge does so, the Court of Appeals does not reverse and rarely reverses a cold record by substituting its judgment.

A third appellate mistake that is less frequent but undermines an entire position is raising too many issues. Typically one to three issues reflect the true disputes about the integrity of an order.  Many issues just dilute the better issues and may leave an overall impression of someone who does not value the impartiality of the judiciary.

The final or forth less-than-optimal issue is one that is moot or inconsequential.  Sometimes moot issues, such as reflected in the famous Roe v. Wade decision are bigger than an actual litigant. However, appealing trivial or issues that are already effectively without remedy is often a waste of appellate time.

Thus, the decision to appeal and what to appeal should be made carefully with an understanding of the law, standard of appellate review, and within the limits of the Rules of Appellate Procedure.  When this is the case, a litigant can be assured of a fair and careful appellate review as this is the sole focus of the Court of Appeals.

This blog is written by attorneys at Dixon & Moseley, P.C. who handle appeals from trial courts throughout the state of Indiana.  This is for general educational purposes only and is not legal advice or solicitation for legal representation for a specific legal matter. This should be viewed as advertising material.

What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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Recent Posts

  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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