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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. Three Strong Appellate Issues That Most People Never Think About: Is This Your Case?

Three Strong Appellate Issues That Most People Never Think About: Is This Your Case?

On Behalf of Dixon & Moseley, P.C. | Jan 2, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals

With the age of the internet, most legal consumers have some working knowledge of the issues surrounding their case in a trial court or on appeal. While appeals are much rarer than trial court proceedings, there is still good general information available online about appeals. A little research shows that most appeals involve issues of fact or law. With pure questions of fact, the appellant’s position (on appeal) is the trial court did not properly weight the facts or excluded key facts. Questions of law, which make for stronger appeals, argue on appeal the trial court misapplied the law.

However, in the right case, there are other and somewhat uncommon legal issues that make for great appeals. Three are the focus of this blog post.

The first, and perhaps most common, is a question of first impression. There are tens of thousands of laws and regulations on the books. The decisions of Indiana’s appellate courts on these laws and regulations guide trial courts, but there are still many cases each year that present a “question of first impression.” This means with all of the laws and cases to assist judges, no Indiana court has ever faced and decided the question.

Questions of first impression make for strong appeals because the Court of Appeals plays an instrumental role issuing decisions to develop the law and guide trial court judges to make sound legal decisions. Since these types of issues may arise again, this is a strong appellate issue for one side on appeal. The law is designed to promote uniformity and stability for individuals and businesses so before they enter into a situation that may cause litigation, they can avoid it. Thus, if you and counsel can identify a question of first impression for appeal, you have a strong appellate issue.

A closely related type of appellate issue is one where the law is not fully decided. The way case law is developed in Indiana’s appellate courts is by three judge panels in the Indiana Court of Appeals issuing decisions that may disagree with another panel and decision of this Court. Where this is the case, an appeal may point out these differences and take a position as to how they should be reconciled for the future of case law precedent and stability in the law. This means a given case can literally be won on reconciling the differences in appellate decisions and provide a benchmark decision for similar future cases. A well-seasoned trial and appellate counsel in both cases can sort this out by researching the legal issue at hand.

A final type of appeal, which starts to develop at trial in many cases, is when the law applicable to the case may be unconstitutional. The laws passed by the General Assembly are presumed constitutional. But this does not mean they are constitutional on their face or as applied in any given case. Usually, this has to be raised at trial and the Attorney General notified, but a trial court on its own raises the constitutionality of a statute or law, as with the Court of Appeals. These cases are sometimes hard to identify, but skilled trial counsel and appellate counsel will be able to handle the case so the issue is not waived on appeal. Is this your case? These are key cases for the Court of Appeals and Indiana Supreme Court as gatekeepers to the constitution.

In summary, cases of first impression, those where the controlling appellate decisions conflict, and, in particular, those raising constitutional issues are strong appellate cases.

This blog was written by advocates at Dixon & Moseley, P.C. who handles appeals of proper interlocutory and final order in cases of all types throughout the state and through the Indiana appellate courts. This blog is provided for general educational purposes and is not intended as a solicitation for legal services or intended to be legal advice. It is an advertisement.

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…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

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

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