The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Expungement is the legal process in which an individual’s criminal record is erased; albeit, with certain exceptions. In Indiana, individuals who have committed certain crimes have the ability to seek an expungement of their criminal record. Obtaining an expungement is an extremely beneficial tool for individuals with past convictions or arrests as it provides a chance to move forward in…
Appeals from divorce cases, or post-decree custody matters, constitute a large number of cases taken to the Indiana Court of Appeals. By the time a divorce trial is over (or subsequent child custody modification case), many people are drained emotionally and have spent a lot of money to litigate a divorce or modification action. However, the losing party (or both…
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce…
We often see a lot of confusion when it comes to appeals and the appeals process. This is understandable, as it is an extremely technical process, requiring close attention to the rules of appellate procedure. In Indiana, the Court of Appeals and Supreme Court are limited in their ability to hear certain matters and the evidence that can be presented…
Appeals represent only a small fraction of all of the final orders issued each year by Indiana Trial Courts. Appeals take an additional emotional toll, are sometimes costly, and add several more months to the litigation. That said, the Appellant has the right, presupposing the potential Appellee, files an Appellee’s Brief, to have the proverbial last word on appeal and…
Like everyone and everything in life, the judicial system isn’t perfect. As such, sometimes trial courts get it wrong. If you or someone you know just received a child custody determination that you believe was wrongly decided, you have the ability to seek relief via an appeal. How is this done? How long does it take? In this blog, we…
In a civil trial with many issues, such as divorce which may have child support, custody, and property issues decided, a losing party may want to challenge every issue, such as a minimal difference or error in weekly child support to be paid. While there is no express appellate rule prohibiting or limiting the number of issues a party may…
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.…