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Dixon & Moseley | Attorneys At Law
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  5. What Types of Remedies Can the Court of Appeals Order in Deciding the Cases Before It?

What Types of Remedies Can the Court of Appeals Order in Deciding the Cases Before It?

On Behalf of Dixon & Moseley, P.C. | Mar 26, 2018 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals, Supreme Court

Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, Severance v. Pleasant View, demonstrates that even where a case before the Court of Appeals does not present a final appealable order, it may consider the case instead of dismissing the appeal; it also highlights the different ways the Court of Appeals may decide cases.

In deciding the Severance case, and issuing a written opinion, the Court of Appeals overturned the trial court’s (interlocutory) order that was not final and remanded it (sent it back to the trial court) for an evidentiary hearing on the merits of the permanent injunction sought. Further, in a key tool used by the Court of Appeals, it placed a footnote in this decision guiding the trial court to the proper and controlling statute to consider, aiding it when the case was retried to reach a final order that would be subject to a proper appeal.

Thus, as is obvious, every case—even those that do not present final orders–may be decided by the Court of Appeals and reversed on appeal with an instruction to the trial court to hold an evidentiary hearing, which would then, again, lead to a final appealable order and perhaps another appeal. The Court of Appeals may also decide a case—typically one with a final order—and issue decisions with many other remedies.

For instance, where the case is properly tried, and the evidence exists in the record, but the trial court applies the wrong law, the Court of Appeals may reverse the case and remand the case to the trial court to apply a different legal standard than it did in the first instance. This means the parties do not put on any new evidence, but the trial court decides the case on the facts (the record) already before it, which may then be appealed based on the application of the proper law to the evidence. In many such cases, a trial court may allow the parties to submit proposals as to how the case should be decided under correct law.

Because many cases involved multiple legal issues, the Court of Appeals may reverse the trial court’s decision on a particular issue and remand it to the trial court to re-decide the case on the evidence before it or receive new evidence. This too would then lead to the possibility of an appeal. Where new evidence is to be received, there may be a right to change of judge. Thus, no matter the type of case it confronts, the Court of Appeals is equipped with the authority to issues remedies that can meet the legal needs of our society. The Court of Appeals may affirm other issues and that final order of the case stands. In these cases, the Court of Appeals affirms the trial court’s decision in part and reverses it in part.

However, with all final orders decided by the Court of Appeals, there is the right to ask the Indiana Supreme Court to “accept transfer” and decide the case differently. There are very specific reasons this occurs and these are set forth in the appellate rules, such as the decision of the Court of Appeals in the particular case conflicts with its prior decisions or the case raises an important question of law that should be reconsidered. Law is not stale and sometimes needs to be changed, and the Supreme Court can grant transfer and make that change.

Lastly, the Court of Appeals may affirm the decision of the trial court on all issues. This means the decision of the trial court stands and this is the end of the case unless a transfer is granted.

In some cases of significant importance, the Court of Appeals may hear an oral argument where the parties argue the merits of the appellate case orally before a panel of the Court of Appeals.

The takeaways from this blog are the appellate process is, by nature, technical to be able to fully address the needs of a modern, complex society and there are many tools litigants and appellate attorneys use to advocate a case in the Court of Appeals. Further, the Court of Appeals has wide discretion in how it decides the merits of cases before and what it may require of litigants, attorneys, and trial courts when a case is remanded in some form. Indeed, the Court of Appeals may even elect to decide cases that are not final orders as it did in Severance where it is subject to its dismissal. Thus, chose appellate counsel wisely and understand the ways a case may be decided on appeal.

This blog post was written by attorneys at Dixon & Moseley, P.C. who handle criminal and civil appeals of all types and from all Indiana counties in the Court of Appeals and Indiana Supreme Court. This blog post is written for general educational purposes only and is not intended to be legal advice or a solicitation for legal services. 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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