The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
There is an old adage which states that “justice delayed is justice denied.” Over the years, the Indiana’s primary appellate court, the Indiana Court of Appeals (and the Indiana General Assembly), has been taking measures to speed up the appellate process. For instance, by appellate rule, appeals involving child-related matters, extensions of time are granted for filing briefs only in…
The legal system is the default dispute resolution when no other person, group or institution can solve a problem or dispute. The fact a case is brought sometimes demonstrates the very point—good individuals and well-run companies have disputes they cannot move beyond and bring to an impartial judge for decision. This system is the marvel of the world, particularly since…
In child custody ligation, where one parent is seeking primary physical or legal custody over the parent, the “why” the trial court ruled as it did is often important to the parties to help better understand and accept the decision. This rationale is set out in cases with special findings. This is also considered by Indiana’s appellate courts on appeal,…
Indiana’s few trial court judges, magistrates, commissioners and pro tems hear and decide a staggering number of cases (tens of thousands) each year with speed and accuracy. However, approximately 4,000 are appealed to the Court of Appeals as a matter of right. In consultation with their attorneys, litigants help to decide what issues to raise on appeal. Four common mistakes…
Indiana has very open accesses to its court to settle disputes in civil cases. When a party does not prevail, there is the constitutional right to appeal to a higher court. Generally, this is to the Indiana Court of Appeals, who decides about 4,000 appeals per year. There are four common misconceptions about an appeal that are the discussed in…
In Indiana, there are four key steps to take in appealing a decision of an Indiana judge or jury verdict. The first is to determine if there is a final order. In most civil trials, the appealable order is the final order disposing of all of the issues. In criminal cases, this is the date of the sentencing. The rules…
Very few civil cases are decided by a jury in Indiana. Therefore most final orders (the ruling that decides the case) are issued following a trial before a judge (bench trial). In most cases, someone wins (prevails) and someone loses. As a general rule, after a final order is issued a party has 30 days to appeal. In Indiana, there…
If you are reading this blog, you probably have an interest in appeals in the Indiana Court of Appeals or Indiana Supreme Court. The life blood of an appeal is the “brief,” which is basically a story that tells the important facts, sets out the law, and why the litigant believes the trial court was (in)correct. Obviously, the “argument” section…
A key right ensured to every litigant in Indiana’s trial courts is the ability to appeal adverse decisions to the Indiana Court of Appeals or Indiana Supreme Court. This process is not as familiar to the public at large as trial court matters, as there simply are not many appeals from the thousands upon thousands of cases filed in Indiana…
The “argument” section of an appellant’s brief is the life-blood of every appeal. This blog explores some of the key aspects of sound argument drafting. Taking the complex facts of life and applying the law is a daily challenge for lawyers. However, this task becomes more difficult when it involves an appeal and controlling standard of review. The standard of…