The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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…
The Indiana Court of Appeals stand open to all litigants to bring appeals of most all final orders (and some interlocutory orders) from Indiana’s trial courts. This is a now a constitutional right (in the late 1800s this Court was created to assist the Indiana Supreme Court with an overflow of cases and later became a permanent court). While all…
Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs…
Almost every final decision of an Indiana trial court can be appealed to the Indiana Court of appeals by perfecting the appeal and “briefing” the matter. Appellate attorneys often spend considerable time drafting or “framing” the issues so they bring attention to the question of law and fact at hand. The Court of Appeals central role is not to re-weigh…
The Indiana Supreme Court has been proactive to protect the private information that litigants might place before a court. There is administrative rule 9 which is a compilation of directions from the Court and statutes and other rules on point about how to keep private information that should not be in the public record, private; while at the same time,…