The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Any party who loses a civil trial (bench or jury) has the right to appeal. Trials and appeals are expensive and laden with emotion. That said, we often receive inquiries from “appellees” when they find out the losing party is taking an appeal.1 These calls all focus on what really happens if they do not file an appellee’s brief. Clearly,…
In domestic cases, trial courts are given wide discretion to decide matters initially, such as when the parties divorce or later in child-support and/or physical and/or legal custody modification proceedings. Further, because so much time, emotion, and judicial resources go into domestic cases, Indiana’s appellate court gives trial courts vast leeway to judge the credibility of witnesses when deciding issues.2…
In Indiana, there are thousands and thousands of trials and hearings each year. For litigants who lose on the merits in civil or criminal litigation, there are roughly 3,000 appeals taken to the Indiana Court of Appeals.1 This is Indiana’s intermediate appellate court. The entire appellate process is laborious for the lawyers who handle appeals and time-consuming for the Court…
“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. Understanding the appeal process can be confusing, even for attorneys. Whether it be an appeal of a final order or an interlocutory appeal as of right, having a basic understanding of the beginning process of appeals will go a long way.…
One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away…
A frequent question we receive from our clients seeking an appeal is whether or not they can stay1 the trial court’s ruling during the pendency of the appeal. The answer to that question is, it depends. In general, seeking a stay during the pendency of an appeal is difficult to accomplish. Whether you will be successful in seeking a stay…
Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. Like most everything else in life, an individual’s entitlement to an appeal is not absolute. There are certain requirements that must be met in order to effectively preserve your ability to…
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide…
Most of us have probably heard the phrase “you have the right to a speedy trial” at some point in our lives. But, you may be wondering, what is the right to a speedy trial? And more importantly, what happens if I am denied a “speedy” trial? This blog provides a brief overview of the right to a speedy trial,…
Very few cases go directly to the Indiana Supreme Court (ISC) as a matter of right.1 Most cases wind up in the ISC as a matter of discretion. The way this occurs is a party to a Court of Appeals’ (COA) decision (Indiana’s intermediate appellate court) seeks transfer. The ISC must accept the case. When it does so, it vacates…