The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
And What Happens If You Miss the Deadline? In most criminal and civil cases, there are many court orders issued. These are “interlocutory” (temporary) orders to move a case to a final order and are not normally appealed. There are provisions to appeal certain “interlocutory” orders1 as a matter of right (during trial court proceeding) and by the discretion of…
Sometimes litigants are shocked and upset by a final order of a trial court in civil litigation and want to stay or “stop” it pending an appeal. In general civil cases, a party has to first ask for this stay in the trial court1 and present the reasons for a stay as set out in the trial rules. In essence,…
With the age of the internet, most legal consumers have some working knowledge of the issues surrounding their case in a trial court or on appeal. While appeals are much rarer than trial court proceedings, there is still good general information available online about appeals. A little research shows that most appeals involve issues of fact or law. With pure…
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice. However, in life and law, there are certain circumstances where rules fall short, and life liberty…
For the most part, the legal system is structured to allow freedom of choice in picking your attorney, much like the medical system allows you to pick your doctor. Different professionals in each field fit and fill different needs. However, sometimes there is the wrong choice of fit and, within the legal field, an attorney waives an issue at trial…
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal.…
On its own motion or granting of a Motion for an oral argument, the Indiana Court of Appeals may have the litigants, by counsel, make its argument before the judges who will normally decide the opinion. At a recent CLE, two seasoned Court of Appeals judges shared wisdom for making the best oral argument. Dixon & Moseley P.C. conducts arguments…
On occasion, there are meetings or continuing education classes where the appellate bench and appellate practitioners get to interact and field questions and concerns. This year has been a banner year for these meetings. For the most part, appellate attorneys appeal cases tried by other attorneys and are limited to the record from that proceeding (the testimony and exhibits). This…
The number of appeals in Indiana is small compared to the overwhelming number of cases tried in Indiana’s trial courts each year. Correspondingly, there are only a few more than twenty appellate judges and senior judges who decide appellate cases. There are few attorneys who handle appears on a regular basis. On occasion, the small appellate bench and bar get…
Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order…