Divorce and Appeals
At the Orange County Law Office of David P Schwarz we are experienced Divorce and appellate law attorneys who have protected our clients interests on numerous cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A Divorce lawyer can help their client with an appeal. Anappeal may only be taken from an appealable judgment or order. In California, the right to appeal is wholly statutory. The court ofappeal has no jurisdiction to entertain anappeal from a judgment, order or ruling not made appealable by the Legislature of the State of California.
A Divorce attorney will make sure that if a case is appealable and qualifies for all the proper requirements then the appellee must file a timely appeal or forever lose the opportunity to obtain appellate review. Appellate courts have no jurisdiction to review appealable judgments or orders from which a timely appeal was not taken. There are strict procedures that must be filed in appeals and to fail to follow the proper protocol will dearly cost the appellant who tries to correct a potential wrong that might have been committed by the trial judge in the family law proceedings.
The right to appeal superior court decisions in civil actions (and, consequently, family law judgments and orders, CRC 5.2(d)) is governed generally by CCP § 904.1. That statute applies in marriage dissolution, legal separation and nullity proceedings as discussed in the sections below.
Under the so-called “final judgment rule,” an appeal lies only from a final judgment (unless the ruling is otherwise made appealable by statute
At the Orange County Law Office of David P Schwarz A judgment is “final” for appeal purposes if it decides the parties' rights and duties and effectively terminates the litigation. “[W]here anything further in the nature of judicial action on the part of the court is essential to a final determination of the right of the parties, the decree is interlocutory” and thus not appealable. This is an important determination that must be clarified in the family law trial Court in order to effectively attempt an appeal. Otherwise the appeal will be struck down immediately by the appellate court.
A Divorce lawyer will assist their client in determinting what is a final judgment in family law. A Temporary custody orders are interlocutory by definition and therefore not appealable since they are made pendente lite with the intention of being superseded by a custody award after trial.
A minute order dissolving a Domestic Violence action restraining order and directing father to pay mother's attorney fees in a contested custody proceeding was not appealable because it instructed mother's attorney to prepare a formal order. Attorneys are often ordered by the family law Judge to prepare a final order for the case. The Judge will make a ruling and the attorney will finalized the ruling into proper form and have is signed and filed in the Superior Court. Once finalized the order will be final.
At the Orange County Law Office of David P Schwarz we have litigated numerous case involving Divorce and appeals. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.