The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice. However, in life and law, there are certain circumstances where rules fall short, and life liberty…
For the most part, the legal system is structured to allow freedom of choice in picking your attorney, much like the medical system allows you to pick your doctor. Different professionals in each field fit and fill different needs. However, sometimes there is the wrong choice of fit and, within the legal field, an attorney waives an issue at trial…
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal.…
On occasion, there are meetings or continuing education classes where the appellate bench and appellate practitioners get to interact and field questions and concerns. This year has been a banner year for these meetings. For the most part, appellate attorneys appeal cases tried by other attorneys and are limited to the record from that proceeding (the testimony and exhibits). This…
The number of appeals in Indiana is small compared to the overwhelming number of cases tried in Indiana’s trial courts each year. Correspondingly, there are only a few more than twenty appellate judges and senior judges who decide appellate cases. There are few attorneys who handle appears on a regular basis. On occasion, the small appellate bench and bar get…
Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order…
What You Need to Know in Picking an Appellate Attorney and Identifying Issues for Appeal In Indiana, we are fortunate (in most cases) to have the automatic right to file an appeal of a final order with the Indiana Court of Appeals. However, an appeal is a sophisticated and complex legal instrument that is often both time-consuming and costly. For…
With each appeal taken to the Indiana Court of Appeals (“Court”), the appellant (bringing the appeal) and appellee have the right to file a brief of about thirty pages with the Court. However, the appellant has the right to have the last say and file one last brief to the appellee’s brief. At a recent, appellate continuing education seminar, attorneys…
While most people have some general understanding of the process that occurs in a trial, appeals are far different and the entire process is not generally reflected on television or by the general experience of the public. In this blog, the four cornerstones of an appeal are identified and addressed. The more you understand about any the process, the better…
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the…