The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot…
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically…
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.” Historically, attorneys and Indiana courts have…
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because…
As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some…
There are many legal considerations in taking an appeal from a trial court’s final order to the Indiana Court of Appeals. In this blog post, three of the most basic considerations for appeal are considered to illustrate the obvious—but not often thought of—components of an appeal. The first is the time to prepare an appeal. On appeal to the Indiana…
Under Indiana law, most parties have the right to an automatic appeal to the Indiana Court of Appeals. Of the tens of thousands of cases filed each year, only a small percentage are appealed to the Indiana Court of Appeals. A party who has the focus and intensity to appeal, sometimes faces the prospect of an adverse result, namely the…
In most cases, a trial ends with a judge or jury verdict for a party. In a small number of cases, the losing party wants to stop the judgment from being executed for a variety of reasons or change the order before an appeal. There are four different ways this may be accomplished, although all are relatively rare. The first,…
As a general rule, every litigant from an Indiana trial court has the right to appeal a decision to the Indiana Court of Appeals (in a few exceptions, the appeal may proceed directly to the Indiana Supreme Court). This Court decides its cases in a timely fashion and handles thousands of appeals each year, along with related matters. Some cases…
In Indiana, when a trial court issues its order (a final order), it is possible that the consequences are or perceived to be so detrimental that the litigant wishes to stay (stop) the order from being enforced during an appeal. This is not automatic. This blog post explores the two avenues to obtain a stay of a final judgment. Where…