The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the…
You have probably heard the phrase, “I plead the Fifth”, at some point in your life, whether it be on a movie, television, or just in everyday talk. But what does this mean? How far does it extend? On August 21, 2018, the Indiana Court of Appeals decided a case of first impression1 in which the protection of the Fifth…
Yes. But as of Monday, July 31, 2018 so can certain advocates and attorneys for your children. This comes by a sweeping decision by the Indiana Court of Appeals applying the statutory authority for this power (or standing) created by the Legislature. This blog surveys when and why DCS may seek to sever a parent-child relationship and addresses who else…
In paternity (children born out of wedlock) and divorce cases, the initial determination is gender neutral and made without any preference for either parent; the court decides physical custody considering any relevant factor to what is in the child’s best interests. For parents who present a strong factual and legal case and do not prevail, many consider appealing the decision…
Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal…
In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of…
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely…
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal…
Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this…
Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not…